1985-10-01 Regular CC Minutes5 9 t,
REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY OCTOBER 1, 1985
The meeting convened at 7:36 p.m. (at the conclusion of the Housing
Authority meeting) with President Diament presiding. The Pledge of
Allegiance was led by Councilmember Monsef. Reverend John Foley,
Court Street Methodist Church, gave the Invocation.
ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and
President Diament - 5.
Absent: None.
MINUTES
Councilmember Monsef moved for approval of the minutes of the regular
Council meetings held September 3 and 17, 1985, and minutes of the
special Council meetings held September 10, 1985, as submitted. The
motion was seconded by Councilmember Lucas and carried by unanimous
voice vote - 5.
CONSENT CALENDAR
President Diament announced that a citizen had requested removal of
the report from the City Manager transmitting Program Performance
Review 1984-1985 from the Consent Calendar.
Councilmember Lucas moved for adoption of the Consent Calendar, with
the exception of the above-described item, 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
*85-569 From Public Works Director recommending acceptance of work
completed by Oakland Fence Company for the installation of a
chain-link fence to secure the former Disposal Site, P.W. No.
5-85-18. Approved.
*85-570 From Public Works Director and Fire Chief on the status
of State-mandated Fire Safety and Exit Program, Title 24, Article 7,
of California Administrative Code. Approved.
RESOLUTIONS
*85-571 Resolution No. 10736 "Creating the position of Principal
Civil Engineer and establishing the salary therefor." Adopted.
*85-572 Resolution No. 10737 "Approving the application for
grant funds under the 1984 State Park Bond Issue for construction of a
cement block retaining wall at Washington Park." Adopted.
October 1, 1985
597
*85-573 Resolution No. 10738 "Approving Parcel Map 5160 for
division of property at 1235 and 1237 Broadway, permitting recording
thereof, and finding said Parcel Map consistent with the City's
General Plan (William R. Abbott and Patricia M. Abbott, owners.)"
Adopted.
*85-574 Resolution No. 10739 "Awarding contract to M. F. Maher,
Inc. for repair of Portland Cement Concrete Sidewalk, Curb, Gutter
and Driveway, and authorizing execution thereof." Adopted.
*85-575 Resolution No. 10740 "Approving, authorizing and
directing execution of agreement for Bond Counsel services with Jones
Hall Hill & White, a Professional Law Corporation, with respect to Tax
and Revenue Anticipation Notes." Adopted.
*85-576 Resolution No. 10741 "Providing for the borrowing of
funds for Fiscal Year 1985-1986 for the issuance and sale of 1985/1986
Tax and Revenue Anticipation Notes therefor." Adopted.
*85-577 Resolution No. 10742 "Authorizing execution of an
amendment to an agreement with Bissell & Karn Engineers for design of
Harbor Bay Parkway, Phase 3, Assessment District 84-4." Adopted.
*85-578 Ordinance No. 2249i N.S. "Authorizing acquisition of
property from Alameda Belt Line relative to Patton Way."
Finally Adopted.
BILLS
*85-579 A List of Claims, certified by the City Manager as correct,
was approved in the amount of $1,298,674.16.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
85-580 From Jesse Lane, 2 Mastick Court, objecting to ordinance
prohibiting on-street parking of vehicles advertised for sale.
Mr. Lane addressed the Council with his concerns regarding this
ordinance, as described in his written communication to the Council.
The majority of Councilmembers indicated support for the existing
ordinance. Councilmember Corica concurred with an ordinance against
on-street parking exceeding 72 hours, but he did not find anything
wrong with "for sale" signs on legally parked vehicles.
Councilmember Lucas moved that Council accept the communication
(without further action); the motion was seconded by Councilmember
Hanna, and carried by the following vote: Ayes: Councilmembers
Hanna, Lucas, Monsef and President Diament - 4. Noes: Councilmember
Corica - 1. Absent: None.
The City Attorney stated that the merits of the citation received by
Mr. Lane should be debated in Municipal Court.
October 1, 1985
5 9 8
85-581 From James and Dolores Hill, 1022 Post Street, objecting
to variances at 3200 - 3206 Washington Street.
85-582 From Alvin and Yolanda Stefani, 3214 Washington
Street, opposing Planning Board's approval of variances at 3200 - 3206
Washington Street.
85-583 From Washington, Post and Adams Streets residents
regarding appeal of Planning Board's approval of variances at 3200 -
3206 Washington Street.
The above three written communications were continued to November 5,
1985, in conjunction with the continued appeal regarding this matter
(see 85-587.)
HEARINGS
85-584 Hearing regarding the adoption by reference of the Uniform
Plumbing Code, 1982 Edition, by the International Association of
Plumbing and Mechanical Officials.
The Public Works Director explained that the City is required by the
State to adopt the 1982 Uniform Plumbing Code by October 1, 1985. The
City may impose more, but not less, stringent requirements than the
State code. The local requirements proposed are the same as have been
in effect with the exception that water supply pipes would not be
allowed to be installed under concrete.
President Diament declared the public hearing open.
On the call for both proponents and opponents, there were none.
Councilmember Hanna moved that the hearing be closed and that the
applicable ordinance be taken out of order. Councilmember Corica
seconded the motion, which carried by unanimous voice vote - 5
FINAL PASSAGE OF ORDINANCES
85-585 Ordinance No. 2250i 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."
Councilmember Hanna moved for final adoption of the ordinance, and the
motion was seconded by Councilmember Corica, and carried by the
following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef
and President Diament - 5. Noes: None. Absent: None.
October 1, 1985
5 9 9
APPEALS
85-586 Consideration of appeal of Planning Board decision to
deny variance, V-85-31, to permit yard encroachments of one foot for a
distance of 43 feet into each side yard and 2 feet for a distance of 0
to 17 feet into each side yard at 1277 Bay Street. Appellant: John
Barni, Jr.
President Diament asked the City Attorney to describe the appeal
process. The City Attorney stated that in this instance, there is no
record supporting the Planning Board's decision in that no findings
supporting denial were cited by that Board. He recommended that the
matter be remanded to the Planning Board for consideration of the
variances.
Councilmember Lucas moved that the issue of the side-yard variances be
remanded to the Planning Board for fact finding and decision making
and that the City Attorney attend the Planning Board meeting at which
the matter is considered. Councilmember Hanna seconded the motion.
Bradley Miller of Morgan, Miller & Blair, 1300 Ordway Building,
Oakland, representing John Barni, the appellant, pointed out that
there was sufficient evidence available before the Planning Board when
they made their determination. Mr. Miller questioned the prudence of
a motion to remand the matter to the Planning Board, noting that such
is appropriate only when there is new evidence or evidence that was
excluded. He stated that his client continues to be prejudiced by the
delay and requested that if the matter is to be remanded to the Board,
that the Board be instructed to consider it forthwith.
The City Attorney stated that the applicant attempted to confer
jurisdiction on the Council by requesting denial by the Planning
Board; it was his opinion that it is proper to remand the item in
this case even though these specific circumstances may not be
addressed in the ordinance. He concurred with Mr. Miller that the
matter should be expedited.
The City Manager explained that because of the Planning Board's
schedule, a special meeting would be required for the Board to
consider the request in the current month.
Councilmember Hanna suggested that the motion include the caveat that
the Planning Board expedite the matter. Councilmember Lucas amended
her motion accordingly, with the concurrence of Councilmember Hanna,
who had seconded the original motion.
The motion, as amended, carried by unanimous voice vote - 5.
85-587 Consideration of appeal of Planning Board decision to
approve variance, V-85-34, for lot area and yard setbacks to
accommodate existing residences at 3204 and 3206 Washington Street
and for front yard setback required at 3200 Washington Street, a
proposed new lot with a relocated residence. Applicant: Waldo
Williams. Appellant: Washington Street neighbors.
President Diament declared the hearing open and continued to
November 5, 1985.
October 1, 1985
REPORTS AND RECOMMENDATIONS
85-588 From Recreation Commission recommending rezoning and sale
of City-owned property at Holly Street and Oleander Avenue.
Charles Tillman, 2415 Roosevelt Drive, referred to recommendation from
the Recreation Commission that proceeds from the recommended sale of
the property be placed in the Dwelling Unit Tax Fund to be used for
rehabilitation and improvement of existing City parks. Mr. Tillman
noted that 1/6 of funds collected may be used to provide public
transit, as provided for by City Ordinance No. 1903, N.S., adopted
January 17, 1978. He recommended that 1/6 of these monies be utilized
for construction/rehabilitation of the City Library. Additionally, he
suggested that 1/6 of any current funds could be utilized by the
Library, noting that State Park funds will be made available again in
1986.
Don Sherratt, 74 Basinside Way, Member, Recreation and Parks
Commission, addressed the need for improvements to City recreation
facilities. He urged that proceeds from the sale of property go to
the Recreation and Parks Department for capital improvements.
President Diament clarified that Mr. Tillman had referred only to
1/6 of proceeds that would be set aside for transportation.
George Gadsby, 3437 Solomon Lane, a neighbor to the site, objected to
the sale and residential development of the property, preferring
that the property be utilized for a park.
Frederick Leitz, Jr., 3149 Bali Lane, Recreation Commission Member,
emphasized that the property in question is a vacant lot which does
not benefit the City. He noted the lot is not large enough to
provide a major or active park. Mr. Leitz urged that dwelling
tax proceeds from the property be used for greatly needed park
maintenance, such as renovation of restroom facilities at Franklin
Park.
Councilmember Monsef asked if any consideration had been given to
long-term lease of the property. He suggested that perhaps half the
property could be sold, and the remaining half used for a park which
could then be maintained from the income.
The City Manager stated Councilmember Monsef's suggestion could be
considered as a possibility. However, he did not believe this would
be the most viable approach for the property since establishment of a
park site would create additional maintenance costs which would
detract from the ability to maintain existing parks. The City Manager
recommended selling the property and retaining funds for use when
maintenance costs for other park lands become burdensome.
President Diament and Councilmembers Lucas and Hanna each commented
that residential development would be an appropriate use for the
property. Councilmember Lucas suggested that possible rezoning of
the site to Planned Development would provide strong control over the
arrangement of residential units. Councilmember Hanna added that he
had been dissatisfied with the site for some time, and he did not
believe that residential development on the site would have any
impact on the dwellings around the periphery of the property.
October 1, 1985
601
Councilmember Hanna moved that the property be sold and that 1/6 of
the proceeds be reserved in the library fund; Councilmember Corica
seconded the motion, which carried by unanimous voice vote - 5.
85-589 From City Manager regarding the status of the City's
strategic planning process.
Councilmember Monsef moved that Council accept the City Manager's
recommendation for acceptance of the report and authorizing staff to
continue with the development of the strategic planning process and
program.
In response to Councilmember Lucas' inquiry regarding a citizen
survey, the City Manager described plans for both written and
telephone surveys.
Councilmember Corica suggested that information be mailed to citizens
in their utility bills.
Councilmember Hanna seconded Councilmember Monsef's motion, which
carried by unanimous voice vote - 5.
85-590 From Director of Recreation and Parks regarding Golf Course
Restaurant Concession.
President Diament noted that the Golf Commission recommends
continuance of the lease with certain conditions imposed.
Councilmember Corica stated that he has been concerned regarding the
restaurant operation for some time and that the situation should be
closely monitored.
In response to Council's concerns, the City Manager confirmed that
terms of the lease allow for termination of the agreement by the City
at any time. A one-year probationary period is recommended in order
to provide the operator with adequate notice that current conditions
are not considered satisfactory.
Charles Tillman, 2415 Roosevelt Drive, recommended that the
percentages paid to the City from gross receipts be used for
improvement of the facilities. If the cconcessionaire fails to meet
standards for cleanliness and food quality, Mr. Tillman stated the
agreement should be terminated.
Councilmember Corica stated that complaints have centered on the
quality of food and service, and he did not believe that funds should
be expended on improvements until these concerns are resolved.
Grace Wallis, 950 Scott Street, attorney representing Chor Lee, the
concessionaire, objected to a one-year probationary period being
placed on Mr. Lee's operation. She stated Mr. Lee has operated the
facilities for three years, and the complaints lack specificity. Mr.
Lee reportedly welcomes input from the committee as provided for in
his agreement with the City. Ms. Wallis acknowledged that the
agreement provides for termination by the City if Mr. Lee does not
comply with requirements, and she recommended extension of the
agreement without the probation period.
October 1, 1985
602
It was moved by Councilmember Lucas that the report and recommendation
be accepted. The motion was seconded by Councilmember Monsef, and
carried by unanimous voice vote - 5.
Note: A brief recess was called at this time.
85-590 From Public Works Director concerning utility undergrounding
priorities and recommending setting a date of November 5, 1985, for a
Public Hearing to establish an Underground District.
Councilmember Corica moved for approval of the report and
recommendation, and Councilmember Monsef seconded the motion. The
motion carried by unanimous voice vote - 5.
The following item was removed from the Consent Calendar:
85-591 From City Manager transmitting Program Performance Review
1984-1985.
Fred Scullin, 1120 Chestnut Street, noted that the City Manager's
cover letter included with this report indicated that the strategic
planning process was delayed in order to avoid conflict with the
election and to better coordinate it with the budget. Mr. Scullin
stated that the election would have provided an excellent time to
place issues before the public. Referring to Planning Department
Objective No. 1, which was to draft a revised Zoning Ordinance by
June 30, 1985, Mr. Scullin remarked that this item will result in
rezoning a considerable amount of property in the City and is of
broad public interest. He stated he attempted to review the reports,
which have reportedly been prepared, and was denied access to the
information.
The City Manager explained that initial staff work has been done, and
the documents to which Mr. Scullin makes reference are working papers
in the Planning Department. They will be made available when they
become public documents. The planned public hearing will be noticed
in accordance with legal requirements. He assured Mr. Scullin that
information is not being withheld from the public.
Councilmember Hanna concurred that Mr. Scullin raised a valid
point regarding the time period between when the documents will
be made available and the date of the public hearing. Councilmember
Lucas agreed and expressed hope that the papers would be made
available within the next few days.
Councilmember Lucas moved for acceptance of the report; the motion
was seconded by Councilmember Monsef, and carried by unanimous voice
vote - 5.
UNFINISHED BUSINESS
85-592 President Diament appointed Patricia Davis to the Rent
Review Advisory Board. Ms. Davis will represent landlords.
85-593 President Diament appointed Dee Prado, President of the
Alameda Board of Realtors, to the Naval Housing Feasibility Study
Committee.
October 1, 1985
603
NEW BUSINESS
85-594 Consideration of nominations for appointment to the Golf and
Recreation Commissions.
President Diament nominated Arnold Davis for reappointment to the Golf
Commission. The nomination was seconded by Councilmember Monsef, and
was confirmed by unanimous voice vote - 5.
President Diament nominated Frederick Leitz, Jr. for reappointment to
the Recreation Commission. Councilmember Corica seconded the
nomination, which was confirmed by unanimous voice vote - 5.
85-595 Councilmember Hanna requested the City Manager to review
Piedmont's ambulance and paramedic medical services program proposal.
85-596 Councilmember Hanna suggested that a dedication ceremony be
scheduled for Patton Way upon project completion (scheduled for
November, 1986).
85-597 Councilmember Hanna suggested that staff consider the
possibility of cities pooling insurance programs.
ORAL COMMUNICATIONS, GENERAL
85-598 Charles Tillman, 2415 Roosevelt Drive, announced that twelve
years ago the Meals on Wheels program became a reality, and on October
3, 1985, volunteers will be honored.
85-599 Mr. Tillman expressed concern regarding the disparity in
financial reporting practices for the Golf Course by the Recreation
Department and the Finance Department.
Councilmember Corica requested that consideration be given to
rescheduling the Golf Commission meeting during the last week of the
month in order for the Commission to receive Finance Department
reports.
85-600 Josephine Bixler, 814 Haight Street, requested the City
Attorney to define an attic and a room. The City Attorney stated the
definitions are found in the Building Code, and briefly explained the
terms.
85-601 William McCall, 1105 Mound Street, congratulated the Council
for their decision regarding the City-owned property at Holly Street
and Oleander Avenue.
Mr. McCall expressed the following concerns: (1) Council and the
Planning Board have two separate sets of variance rules; (2)
Alamedans are not shopping, nor doing business, on Park or Webster
streets; (3) he opposes proposed bingo activity at the Historic
Alameda Theater; (4) he is disturbed by the difficulty Mr. Jaber is
experiencing in acquiring approval for desired improvements at Encinal
and High Streets; (5) he addressed the frequency and severity of
storms which effect the South Shore Beach; (6) he stated the League
of California Cities should develop an insurance pool for every city
in California; (7) the undergrounding program should be supported by
2 percent of the Bureau of Electricity's annual gross profit.
October 1, 1985
604
ADJOURNMENT
There being no further business to come before the Council, President
Diament adjourned the meeting at 10:03 p.m. The next regular
Council meeting was scheduled for October 15, 1985.
Respectfully submitted,
Diane B. Felsch
City Clerk
October 1, 1985