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1985-09-17 Regular CC Minutes589 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY SEPTEMBER 17, 1985 The meeting convened at 8:12 p.m. (at the conclusion of the Community Improvement Commission meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Hanna. Reverend Martell Twitchell (retired) gave the Invocation. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES The minutes of the regular Council meeting held August 20, 1985, were approved as submitted on a motion by Councilmember Corica, seconded by Councilmember Hanna, 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 *85-545 From Finance Director on City's investment portfolio as of August 31, 1985. Approved. RESOLUTIONS *85-546 Resolution No. 10728 "Adopting Plans and Specifications for traffic signal modification at the intersection of Lincoln Avenue/Marshall Way and Fifth Street, calling for bids and directing City Clerk to advertise same." Adopted. *85-547 Resolution No. 10729 "Authorizing open market purchase of a traffic controller for the Public Works Department." Adopted. *85-548 Resolution No. 10730 "Adopting Plans and Specifications for Assessment District 84-3, Marina Village Parkway, Challenger Drive and Atlantic Avenue, Project No. 3, calling for bids and directing City Clerk to advertise same." Adopted. *85-549 Resolution No. 10731 "Awarding contract to Cal Clay Corporation for resurfacing of the Washington Park tennis complex and authorizing execution thereof." Adopted. *85-550 Resolution No. 10732 "Approving the application for funds under the California Senior Center Bond Act of 1984 for development of a Social Service wing at Mastick Senior Center." Adopted. September 17, 1985 0 INTRODUCTION OF ORDINANCES *85-551 Ordinance No. , N.S. "Authorizing acquisition of property acquisition of property from Alameda Belt Line relative to Patton Way." Introduced. *85-552 Ordinance No. N.S. "Adopting by reference the Uniform Plumbing Code, Copyright 1982 by International Association of Plumbing and Mechanical Officials, with amendments, adoptions and deletions thereto as Primary Code; providing for the protection of the Public Health, Welfare and Safety, by requiring a permit and inspection for the installation, maintenance, alterations and repair of plumbing and drainage systems and providing for the collection of fees therefor; providing for the administration of said ordinance; defining certain terms; providing for the qualification of persons engaged in the business of said installations, alterations, maintenance and repair thereto and prescribing penalties for violations thereof." Introduced. FINAL PASSAGE OF ORDINANCES *85-553 Ordinance No. 2247, N.S. "Amending the Alameda Municipal Code by amending Section 17-333 thereof to establish "no parking" zones on Fortmann Way and the driveway to the Animal Shelter." Finally adopted. *85-554 Ordinance No. 2248, N.S. "Amending the Alameda Municipal Code by amending Section 17-333 thereof to modify a "no parking" zone on the north side of Brush Street between Third Street and Main Street." Finally adopted. BILLS *85-555 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,019,596.81. RETURN TO REGULAR AGENDA HEARINGS 85-556 Consideration of General Plan Amendment GPA-85-2 to change the land use designation from Special Single-Family to Administrative Professional at vacant lot at northwest corner of Park Street and Otis Drive and at 813 Pak Street. Applicant: John Barni, Jr. The Planning Director described the property in question and stated that the Planning Board had recommended denial of the application for reasons that: (1) the proposed General Plan Amendment would permit the intrusion of office uses into a residential neighborhood, establishing a precedent for similar requests northerly along Park Street; and (2) intensified development on the site could adversely affect traffic conditions at the busy Park Street/Otis Drive intersection. President Diament declared the public hearing open. The following proponent spoke in favor of the application: John Barni, Jr., 1277 Bay Street, applicant. September 17, 1985 591 The following opponents addressed Council and urged that the application be denied: Kathren Buteyn, 938 Park Street; Ronald Pratt, 950 Park Street, representing Park Street Residents' Association; Paul Mikulak, 931 Park Street, representing Park Street Residents' Association; Sherburne Carlson, 974 Park Street; Terry Glucoft, 839 Laurel Street; Sonya Shelmadine, 835 Laurel Street; Joy Davis, 816 Oak Street; Harold Griego, 930 Park Street; and Lorraine Koenig, 821 Park Street. President Diament closed the public hearing. Councilmember Hanna provided background information regarding the property. He stated it was originally intended that the property would be used to enhance the adjacent home; however, the home was never enlarged nor the property landscaped as planned. As a result of this particular case, subsequent regulations were adopted which require that property sold by the City must be improved to the City's satisfaction within two years following acquisition. Councilmember Monsef offered a motion for denial of the application. In his presentation, Mr. Barni had requested that Council advise him what they would consider to be a proper use for this site if they were not in favor of his application, Councilmember Corica suggested that the property could be utilized to accommodate two duplexes, or to add one duplex and maintain the existing house. Councilmember Lucas seconded Councilmember Monsef's motion for denial, and the motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. Note: Council recessed briefly at this time. 85-557 Consideration of Rezoning R-85-5 to change the zoning of the property located at the northwest corner of Park Street and Otis Drive and at 813 Park Street from R-4, Neighborhood Apartment District, to R-6, Hotel Apartment District. Applicant: John Barni, Jr. Because this item and Hearing 85-556 were addressed simultaneously by speakers, the City Attorney advised Council that they could incorporate that testimony with this hearing. President Diament declared the public hearing open. Councilmember Lucas moved that Council incorporate the testimony from the hearing on GPA-85-2 into this hearing; 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. There were no other speakers in connection with this item, and September 17, 1985 592 President Diament declared the hearing closed. It was moved by Councilmember Monsef, and seconded by Councilmember Lucas, that the Rezoning Application R-85-5 be denied. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS 85-558 From Public Works Director regarding flow relief facilities for Sanitary Pumping Station at Krusi Park. Councilmember Hanna moved that Council approve the staff recommendation to route the relief facilities for Krusi Park pump station as outlined in the Black and Veatch Study dated May 9, 1985, and as amended by City and East Bay Municipal Utility District staff. Councilmember Monsef seconded the motion, which carried by the following vote: Ayes: Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-559 From Public Works Director concerning alternatives for right-of-way clearance for Spruce Street east of Third Street. Councilmember Corica moved that Council adopt Alternative No. 3, as recommended by staff, to remove one dwelling unit and one bedroom of the adjacent unit and place the removed structure in the rear of the property. The City Manager noted that Alternative No. 3 would require an appropriation of $30,000, and he recommended that the appropriation be made from the General Fund Reserve. Councilmember Corica included the City Manager's recommendation in his motion, which was seconded by Councilmember Lucas, and carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. RESOLUTIONS 85-560 Resolution No. 10733 "Ordering vacation of various public roadway, pathway and street light easements due to realignment of Harbor Bay Parkway." Councilmember Corica requested that a description of the easements be included in the resolution. It was moved by Councilmember Corica, and seconded by Councilmember Monsef, that the resolution be adopted. The resolution was adopted by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-561 Resolution No. 10734 "Approving Final Water Quality Control Board Municipal Compliance Plan." Councilmember Hanna moved, and Councilmember Monsef seconded the motion, 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. September 17, 1985 598 85-562 Resolution No. 10735 "Requesting redesign of the Fruitvale BART parking lot to provide additional parking spaces" (Placed on the agenda at the request of Councilmember Hanna). President Diament commented that Councilmember Hanna has been concerned for some time regarding the lack of available parking space at the Fruitvale BART station. Communications with BART's General Manager and Alameda's representative to the BART Board of Directors have not met with satisfactory results, so it was proposed that a resolution be adopted by the entire Council. Councilmember Hanna moved, and Councilmember Corica seconded the motion, 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 85-563 Appointment of members to the Tree Task Force Committee. President Diament recommended the appointment of Jim Hemmann, George Correa, Keith Harrigan, David Maxcy, Clarice Minot, Arthur Whitehair and John Wright to the Committee. Councilmember Lucas expressed concern that Mr. Hemmann does not reside in Alameda. President Diament acknowledged that Mr. Hemmann lives in San Leandro but is employed in Alameda. It was agreed that David Baker would be appointed instead. Councilmember Monsef seconded the nominations, which carried by unanimous voice vote - 5. Councilmember Lucas stated that perhaps Mr. Hemmann may be willing to donate his services to the committee. 85-564 President Diament announced that Councilmember Mark Hanna; Captain Goldenstein, Naval Air Station; Peg Kirkland, Navy Relief; Don Dowdell, Chamber of Commerce; Sue Foulkes, Navy Family Services; and Dick Lantz will serve on the Naval Housing Feasibility Study Committee. NEW BUSINESS 85-565 Councilmember Corica requested that pre-council meetings be noted on future agendas. ORAL COMMUNICATIONS, GENERAL 85-566 Barbara Thomas, 1118 Paru Street, suggested Council set policy for the Planning Board to alleviate inconsistent practices regarding variance decisions on minimum lot sizes and density, and requested an independent review of the Variance Application V-85-32 at 3200 - 3206 Washington Street. Councilmember Lucas requested a written opinion from the City Attorney addressing the zoning regulations in question. 594 85-567 Fred Scullin, 1120 Chestnut Street, suggested that Council check the qualifications of Planning Board applicants more carefully in the future. ADJOURNMENT There being no further business to come before the Council, President Diament adjourned the meeting at 9:40 p.m. The next regular Council meeting was scheduled for October 1, 1985. Respectfully submitted, /2 2; Diane B. Felsch City Clerk Setember 17, 1985