1985-11-21 Adjourned Regular CC Minutes21
ADJOURNED REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA
HELD THURSDAY NOVEMBER 21, 1985
The meeting convened at 7:48 p.n. (at the conclusion of the Community
Improvement Commission meeting) with President Diament presiding.
ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and
President Diament - 5.
Absent: None.
President Diament announced that the following item would be taken
out of order at this time:
RESOLUTIONS
85-707 Resolution No. 10787 "Approving the issuance of West End
Community Improvement Project Area 1985 Tax Allocation Bonds by the
Community Improvement Commission."
Councilmember Hanna moved for adoption of the resolution, and
Councilmember Lucas seconded the motion. The motion carried by the
following vote: Ayes: Councilmembers Hanna, Lucas, Monsef and
President Diament - 4. Noes: Councilmember Corica - 1. Absent:
None.
WRITTEN COMMUNICATIONS
85-708 From James and Dolores Hill, 1022 Post Street, objecting to
variances at 3200 - 3206 Washington Street.
85-709 From Alvin and Yolanda Stefani, 3214 Washington Street,
opposing Planning Board's approval of variances at 3200 - 3206
Washington Street.
85-710 From Washington, Post and Adams Streets residents regarding
appeal of Planning Board's approval of variances at 3200 - 3206
Washington Street.
The above three communications were considered in conjunction with
the following appeal.
APPEALS
85-711 Consideration of appeal of Planning Board decision to
approve Variance 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. Appellant: Washington Street Neighbors.
The City Attorney defined the appeal process, stating that arguments
should be confined to the record that was before the Planning Board
and how that Board's findings are not supported by the record.
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The following speakers opposed granting the appeal:
Waldo Williams, 3333 Fernside Boulevard;
Stuart Williams, 1319 High Street; and
Paul Breitkopf, 1823 San Jose Avenue.
The following speakers supported granting the appeal:
Lucille Stohr, 1033 Post Street;
Yolanda Stefani, 3214 Washington Street;
Nancy Black, 3284 Washington Street;
Marcus Coffman, 993 Post Street;
Martin Stohr, 1033 Post Street;
Carl Himes, 1100 High Street;
Carl Lane, 1101 Post Street;
Donald Phillips, 1039 Post Street;
Michael Flanigan, 8224 Washington Street;
George Berry, 1080 Post Street;
Barbara Thomas, 1118 Paru Street;
Sergio Fanucchi (no address given);
Robert Burges, 974 Post Street; and
Linda Melvin, 934 Park Street.
President Diament noted that many speakers addressed this appeal as
well as the following appeal. The City Attorney suggested that
Council incorporate the above testimony, appropriately applied, with
the subsequent appeal. President Diament directed, with Council's
concurrence, that this testimony be incorporated with the following
appeal:
85 -712 Consideration of appeal of Planning Board decision to deny
Variance 85 -46, at 3200 Washington Street to permit creation of a 5000
square foot corner lot, 50 feet in width where 60 feet is required.
Appellant: Waldo Williams.
There was one additional request to address this appeal:
Stuart Williams reviewed additional information regarding another
plan for locating the building on the site as submitted in his
letter to the Council dated November 19, 1985.
Councilmember Hanna suggested that if the roofline were lowered to be
more compatible with the other buildings on the site, it would be more
aesthetically pleasing. He noted that, as explained in the referenced
letter from Stuart Williams, the building could be relocated on the
smaller lot without the need for variances since the frontage
necessary on the corner lot would not be required. This would have
the effect of significantly reducing the rear lots of 3204 and 3206
Washington Street.
Councilmember Lucas objected to having been provided with this late
information from the applicant /appellant, and she believed the
information was being improperly used to coerce Council into
complying with the original variance request.
Couliciimember Corica concurred with Councilmember Lucas' comments and
stated that the item for consideration by the Council at this time
was the appeal of the Planning Board's decisions.
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Councilmember Corica moved that Council approve the appeal of the
Planning Board's decision to approve Variance 85-34, and
Councilmember Monsef seconded the motion. The motion carried by the
following roll call vote: Ayes: Councilmembers Corica, Lucas,
Monsef and President Diament - 4. Noes: Councilmember Hanna - 1.
Absent: None.
On behalf of appellant Waldo Williams, Stuart Williams requested that
the appeal of the Planning Board's decision to deny Variance 85-46 be
withdrawn at this time in order that they may proceed with relocation
of the victorian house on Lot 12 facing High Street. Similarly, he
requested that a proposed resolution to approve Parcel Map No. 4683
be likewise withdrawn from this agenda.
Note: Council recessed briefly at this time.
REPORTS AND RECOMMENDATIONS
85-713 From Assistant City Manager recommending against
consideration of an ordinance to require all use permits and variances
before issuance of Building Relocation Permit.
Councilmember Lucas concurred with the Assistant City Manager's
recommendation in the interest of protecting historic buildings that
might otherwise be demolished. She believed the current system works
effectively.
Councilmember Lucas moved that Council accept the recommendation, and
the motion was seconded by Councilmember Hanna.
Councilmember Hanna, responding to complaints from neighbors in
connection with the above appeal, indicated there should be a longer
notice period involved.
The Assistant City Manager clarified that the Municipal Code requires
three days' notice of an intended relocation hearing.
President Diament and Councilmember Corica concurred that this did
not appear to be adequate notice.
Councilmember Monsef expressed the opinion that approval of any
requested variances should be sought prior to issuance of a
relocation permit. Councilmember Corica agreed, stating that such a
policy would avoid controversy. President Diament expressed
concurrence with Councilmember Corica's comments.
Councilmember Lucas amended her motion to accept the Assistant
City Manager's recommendation and revise the notice period for
relocation permit hearings from three to ten days.
Councilmember Corica indicated he would not be in favor of the motion
because he believed that all variances and permits should be obtained
prior to relocation of a building.
The City Attorney suggested that Council could set a policy, as a
matter of administrative practice, directing that staff not issue
relocation permits until variance and use permit approvals were
granted without formally amending the Code.
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Councilnembers Corica and Lucas indicated this would be a
satisfactory solution; however, the City Manager stated he would
prefer that such direction be formalized to insure its preservation.
Councilmember Lucas withdrew her motion.
Councilmember Corica moved that Council consider an ordinance to
require all use permit and variance approvals prior to issuance of a
relocation permit, with a provision for exceptions to be granted
administratively when warranted by special circumstances (such as
imminent demolition of historical buildings). Councilmember Hanna
seconded the motion, which carried by unanimous voice vote - 5.
85-714 From Assistant City Manager recommending rejection of
insurance proposals.
Fred Scullin, 1120 Chestnut Street, stated that the opportunity to
submit proposals for the City's general liability and property
insurance should be opened to anyone wishing to bid and should not be
limited to the three brokers from whom proposals were submitted.
The Assistant City Manager reported that there remained only ten days
at this time to secure insurance coverage, and that would not allow
adequate time to solicit and evaluate additional proposals. It was
recommended that the City's consultant and staff meet with the three
brokers who submitted proposals and work out the best possible
proposal for the City. The Assistant City Manager stated that if an
additional viable proposal were to be submitted, it would be given
consideration; however, he did not believe it would be appropriate to
open the bidding procedure to everyone in the ten days remaining.
Councilmember Hanna moved for acceptance of the Assistant City
Manager's recommendation to reject the proposals submitted and
authorize staff to arrange for insurance protection in the most
fiscally sound and prudent manner possible; Councilmember Lucas
seconded the motion, which carried by unanimous voice vote - 5.
85-715 From City Clerk regarding a Temporary Encroachment Permit
request.
It was moved by Councilmember Corica, and seconded by Councilmember
Hanna, that the permit be granted. The motion carried by unanimous
voice vote - 5.
UNFINISHED BUSINESS
85-716 President Diament nominated Thomas Reiman for appointment to
the Civil Service Board; the nomination was seconded by Councilmember
Hanna, and was approved by unanimous voice vote - 5.
ORAL COMMUNICATIONS, GENERAL
85-717 The following persons addressed Council requesting that
they reconsider their November 19, 1985, decision to fill in the
diving pool at Encinal High School:
Don Grant, Encinal High School, 210 Central Avenue;
Stacey Leushner, Encinal student, Naval Air Station;
Susan Tremain, 1706 Second Street;
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Douglas Haines, 1616 Encinal Avenue;
Marshall Haines, 1616 Encinal Avenue;
Margaret Vaughn, Encinal High Swin Team, 400 Harbor Light;
JoAann Hillery, Encinal student, 660 Westline Drive;
Sandra O'Rourke, Encinal faculty, 6218 Antioch Street, Oakland;
Michael Coffey, Encinal student, 2109 Pacific Avenue; and
Sherilyn Turner, 1817 Schiller Street.
Speakers, in requesting Council to reverse their earlier decision,
stated intention to raise funds from the community for reconstruction
of the Encinal diving pool.
Of major concern to the Council was the additional cost involved.
After further discussion of the matter, the following action was
taken:
Councilmember Corica moved that Council agree to expend $117,000 to
replace the Encinal diving pool, work with the contractor and the
community to determine if additional funds can be made available to
enlarge the pool to accommodate water polo, and contact the School
District in regard to obtaining their share of the cost.
Councilmember Monsef seconded the motion, which carried by the
following vote: Ayes: Councilmembers Corica, Monsef and President
Diament - 3. Noes: Councilmembers Hanna and Lucas - 2. Absent:
None.
The City Manager requested clarification of the motion. Councilmember
Corica acknowledged that an appropriation of $58,500 would be
required of the City.
ADJOURNMENT
There being no further business to come before the Council, President
Diament adjourned the meeting at 10:30 p.m. The next regular
Council meeting was scheduled for December 3, 1985.
Respectfully submitted,
Diane B. Felsch
City Clerk