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1985-12-17 Regular CC Minutes39 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY DECEMBER 17, 1985 At the conclusion of a Pre-Council Meeting, President Diament ordered an Executive Session to discuss the Workers' Compensation Claim of David E. Jones. The Executive Session adjourned at 7:25 p.m. The Regular Council Meeting convened at 7:35 p.m. (at the conclusion of the Community Improvement Commission) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. 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 Adjourned Regular Council meeting held on November 21, 1985; Councilmember Lucas seconded the motion. The Minutes were unanimously approved by voice vote - 5. CONSENT CALENDAR Councilmember Corica requested that Item No. 1-N, Final Passage of Ordinances, "Amending the Alameda Municipal Code by amending Section 15-6210 thereof, relating to rates for collection of garbage and refuse," be withdrawn from the Consent Calendar. (Councilmember Corica abstained from voting on the resolution due to the fact that a relative is employed by Oakland Scavenger.) Councilmember Lucas moved, seconded by Councilmember Monsef, that the Consent Calendar be adopted with the exception of Item 1-N. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *85-754 From City Manager/Executive Director submitting Annual Report of the Community Improvement Commission. Accepted. *85-755 From City Manager concerning importation of San Francisco waste to Altamont Pass. Accepted. *85-756 From Finance Director on City's investment portfolio as of November 30, 1985. Accepted. *85-757 From Public Works Director recommending acceptance of work by Bay Cities Paving and Grading, Inc. for reconstruction of Eagle Avenue and Hibbard Street, P.W. No. 1-85-3. Accepted. *85-758 From Public Works Director recommending the acceptance of improvements and release of bond for Tract 4121 (Harbor Bay Isle, Village III). Accepted. 40 RESOLUTIONS *85-759 Resolution No. 10794 "Salary-Classification resolution for non-full time positions." Adopted. *85-760 Resolution No. 10795 "Approving Change Order for contract with Gallagher & Burk, Inc. for construction of Harbor Bay Parkway Extension, Phase III P.W. No. 1-85-2, Assessment District 84-4." Adopted. *85-761 Resolution No. 10796 "Authorizing execution of agreement with Pacific Bell for construction of telephone facilities within Harbor Bay Business Park, Assessment District 84-4." Adopted. *85-762 Resolution No. 10797 "Adopting Plans and Specifications and calling for bids for the construction of wheelchair ramps, Phase 1, P.W. No. 11-85-35, and directing City Clerk to advertise same. Adopted. *85-763 Resolution No. 10798 "Authorizing execution of agreement with Pacific Gas and Electric Co. for Gas Main Extension for Marina Village Parkway/Independence Drive." Adopted. *85-764 Resolution No. 10799 "Authorizing execution of personal service agreement for a period of one year for a position of Fleet Mechanic." Adopted. *85-765 Resolution No. 10800 "Authorizing open market purchase of a pump plant alarm system pursuant to Section 3-15 of the City Charter." Adopted. BILLS *85-766 A List of Claims, certified by the City Manager as correct, was approved in the amount of $7,147,341.25. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS *85-767 From Yolanda Stefani, 3214 Washington Street, expressing various concerns regarding the relocation of Mr. Waldo Williams' victorian house. *85-768 From Carl E. Lane, 1101 Post Street, expressing various concerns regarding the relocation of Mr. Waldo Williams' victorian house. The above-referenced written communications were considered by the Council concurrently. The following persons spoke on the matter: Mr. Mike Flanigan, 3224 Washington Street, stated that the neighborhood is still not comfortable with the current plan for the property. He expressed concern over the future legal ramifications with the proposed splitting of the lot and suggested that the Council re-evaluate the proposal. 41 Mr. Martin Stohr, 1033 Post Street, stated that the house is too large for the lot, as well as too high. He requested to go on record as being opposed to the relocation of the victorian house. Mr. Carl Lane, 1101 Post Street, stated that placing three old wooden houses on the lot would create a fire hazard. Mr. Lane expressed various concerns and objections to the relocation of the victorian house. Mr. Carl Hines, 1100 High Street, stated that Staff should determine when Deeds and County Survey Maps were issued for 3204 and 3206 Washington Street before arriving at a decision. Ms. Barbara Thomas, 1118 Paru Street, stated that there are current laws which require houses in R-1 zones to have backyards. She noted that if the house is set down on the lot, several variances will be required due to the width of the house. Ms. Thomas further commented that the matter should go before the Planning Board, and should not be set before the Council at this time for complete approval. Councilmember Corica stated an objection to the statement in the Planning Director's memorandum that the written communications be accepted with the understanding that Mr. Williams has a legal lot. Councilmember Lucas requested that the City Attorney respond to the legal issues raised by the speakers. The City Attorney stated that only one lot is being discussed which is vacant and which qualifies as a Lot of Record. He stated that if the owner of the lot applied for a Building Permit and met all requirements of the Building Code, and no variances were required, the City must issue a Permit. Councilmember Lucas inquired whether the question of merger of lots through common ownership of the three lots would have a bearing. The City Attorney stated that the merger doctrine only applies to subdividing. Councilmember Lucas inquired of the Planning Director if a variance would be required during which process the neighbors would have an opportunity to object. The Planning Director stated that the house is able to be located on the lot with modifications and that the owners are willing to comply with the minimum setbacks that are required. Councilmember Lucas inquired about parking. The Planning Director stated that a two-car garage would be built under the front of the building. Councilmember Hanna made a motion, seconded by Councilmember Lucas, to accept the written communications. Councilmember Corica stated he would approve acceptance of the two written communications, but was opposed to the accompanying memorandum from the Planning Director. The motion carried by unanimous voice vote - 5. 42 HEARINGS *85-769 Consideration of Zoning Text Amendment ZA-85-6 to add a definition and regulations for bed and breakfast facilities. Applicant: City of Alameda. The Planning Director defined bed and breakfast facilities and explained the regulations that would govern these facilities within the City of Alameda. President Diament stated that the only objection that has been relayed to her is that the neighbors to such a facility might object. President. Diament inquired whether the neighbors would have an opportunity to speak before establishment of a facility in a residential district would be permitted. The Planning Director stated these facilities would require Use Permits and therefore a hearing before the Planning Board would be held. Councilmember Lucas expressed concern about increased traffic in R-1 zones if facilities were allowed in those areas. Councilmember Lucas stated that she supported the proposal, however with the omission of R-1 zones. She also noted that homestay operations should not be limited to non-transient people. President Diament opened the public portion of the hearing. The following persons addressed Council on the matter: Mr. John Barni, Jr., 1277 Bay Street, Ms. Jean Brown, 151 Ardmore Road, Kensington, Bed and Breakfast International. Ms. Virginia Falconer, 2012 Cambridge Drive, Mr. Kenneth Melvin, 934 Park Street, Ms. Susan Kreibich, owner, American Family Inn Bed and Breakfast, San Francisco, Mr. John Barni, Sr., 1380 Eastshore Drive. President Diament closed the public portion of the hearing. Councilmember Corica stated that he foresees parking problems, and is uncomfortable with businesses being allowed in residential neighborhoods. Councilmember Corica also inferred a conflict with Measure A, as well as with the downzoning plans for the City. President Diament stated that she believes bed and breakfast facilities answer a real purpose, of which there has been a great deal of testimony. President Diament questioned the need for regulations. The Planning Director stated that the current Zoning Ordinance allows these facilities in R-5 and R-6 zones. The Planning Director added that homestay operations could be regulated by requiring the owners to obtain a home occupation permit and/or business license. Councilmember Hanna stated that insofar as R-1 zones are concerned, the Use Permit is the City's basic protection. Councilmember Hanna added that each potential facility would be required to go before the Planning Board to acquire a Use Permit, and concerned neighbors could 43 appeal a Planning Board decision to the Council. Councilmember Hanna made a motion to accept the Planning Board's recommendation. The motion failed for lack of a second. Councilmember Monsef stated that he was in favor of the recommendation of the Planning Board with the exception of allowing these facilities in R-1 districts. Councilmember Lucas made a motion, seconded by Councilmember Monsef, for acceptance of the proposal by the Planning Board with the elimination of the R-1 zones for bed and breakfast facilities and to leave Section 11-14A5(a) as it currently is so that single-family homes can continue to rent to no more than three people at a time without regulation. The motion carried by the following roll call vote - Ayes: Councilmembers Lucas, Monsef, and President Diament - 3. Noes: Councilmembers Corica and Hanna - 2. Absent: None. INTRODUCTION OF ORDINANCE *85-770 "Amending various sections of Chapter 1, Title XI of the Alameda Municipal Code to provide for regulations of bed and breakfast facilities". Councilmember Lucas moved that the ordinance be introduced with the changes contained in the previous motion. Councilmember Monsef seconded the motion which carried by the following voice vote: Ayes: Councilmembers Lucas, Monsef, and President Diament - 3. Noes: Councilmembers Corica and Hanna - 2. Absent: None. REPORTS AND RECOMMENDATIONS 85-771 From Chairman of the Historical Advisory Commission regarding staff replacement for the Secretary of the Commission. President Diament noted that the Commission was recommending that Ms. Malandra be considered as Mr. Tom Lee's replacement as Secretary to RAC. Councilmember Lucas stated that Council does not make decisions on staff assignments and hoped, however, that staff would note the suggestion. Councilmember Lucas made a motion, seconded by Councilmember Hanna, to accept the report. The motion carried by unanimous voice vote - 5. 85-772 From Chairman of the Recreation Commission concerning staffing at the Golf Course. Councilmember Corica stated that his intention would be to provide the Recreation and Parks Department with more staffing by removing the Recreation and Parks Director from the Golf Course proper, and allow the Director to return to the duties for which he was originally appointed. Councilmember Monsef stated that the Council should consider an outside manager at the Golf Course. Councilmember Monsef suggested that the Council request the City Manager to make a specific recommendation concerning the matter. 44 Councilmember Corica explained that the Golf Course is a success, and he does not believe creating a new position would be of any benefit. Councilmember Monsef stated that a person with contract administration and management experience could be of great benefit to the City. Councilmember Corica recommended that Council allow the Golf Course to run as it currently is for the next two months. Councilmember Corica stated that the current contractor who runs the Pro Shop is doing an outstanding job. Charles Tillman, 2415 Roosevelt Drive, reviewed the June 30, 1985, audit of the Golf Course operation. Mr. Tillman stated that if there was a problem at the Golf Course, revenues and players would not be increasing as they have this past year. Councilmember Monsef stated that his intention was to make the Golf Course more profitable for the City and the Golf Course. Councilmember Monsef noted that there are many capital improvements to be made, and revenues must be generated. He added that there is a need for a City staff person to oversee the contractors who are running the Golf Course and who can report to the City Manager and Council. Councilmember Corica stated that the Golf Course currently has the staff to do the proposed capital improvement projects. Councilmember Hanna stated that the time to experiment is when an operation is making a profit. Councilmember Hanna made a motion, seconded by Councilmember Monsef, to request the City Manager to make a specific recommendation to the Council as to what would be in the best interest of the community and the City's finances. Councilmember Corica stated that he would like the City Manager to consider not placing an additional staff person at the Golf Course, and/or cutting current staff, as part of his review and final recommendation to the Council. The motion carried by unanimous voice vote - 5. 85 -773 From Chairman of the Golf Commission concerning staffing at the Golf Course. Councilmember Hanna made a motion to accept the Report from the Recreation Commission and the Report from the Golf Commission. The motion failed for lack of a second. Councilmember Corica made a motion that the Council accept the report, but not the recommendation of the Golf Commission. The motion failed for lack of a second. Councilmember Monsef made a motion, seconded by Councilmember Lucas, to accept the recommendatin and request oif the City Manager to ccTMbi ^e it with the previous motion (under Paragraph 85 -772) to make a specific recommendation to the Council on the Golf Course operation. 45 The motion carried by the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef, and President Diament - 4. Noes: Councilmember Corica - 1. Absent: None. 85-774 From City Manager recommending authorization to use questionnaire as the community survey instrument. The City Manager stated there are two lists of questions before the Council prepared by staff to give the Council an idea of some of the concerns that are to be addressed in the assessment portion of the strategic planning process. The City Manager also stated there is a list of proposed community organizations to participate which is before the Council for review and comment. Thu 7:ity Manager stated this item will be agendized for public hearing on the January 7, 1986, City Council agenda. Councilmember Corica stated the concept is a good one, but expressed concern about the length of the telephone survey. Councilmember Corica suggested that a one-page questionnaire be inserted with the Bureau of Electricity bills might be a better way to obtain the desired input. The City Manager stated that in addition to sending the questionnaires out to community-based organizations, the questionnaires will be made available at public locations such as the Library, Fire Stations, and City Hall. The City Manager stated concern about limiting the survey to one page since it would not provide an in-depth response. The City Manager stated that staff had explored informing the community about the survey by an insert in the electric bills informing the community where the surveys could be obtained. President Diament requested Mr. Canapary to address the Council about the ways in which surveys are conducted. Mr. Canapary of Corey, Canapary, and Galanis stated that, if presented properly, these types of campaigns are usually successful and residents will usually participate. Mr. Canapary stated that a telephone survey consisting of 500 residents would provide a good cross-section of responses. Mr. Canapary stated that mailing a questionnaire with the electric bills would only yield a probable 5 to 10 percent response and that the average person would probably not respond. Councilmember Lucas expressed concern regarding the make-up and/or choice of some of the questions. Councilmember Corica inquired as to the necessity for both a questionnaire and a telephone survey. The City Manager responded that the problem in any strategic planning process is how you manage the assessment. Councilmember Lucas expressed concern about the amount of money that would be spent to have a consultant prepare this information and conduct the survey. Councilmember Hanna stated that the questionnaire requires refinement. Councilmember Corica commented that more time is needed to study the 46 questions before a commitment is made to expend funds. Councilmember Monsef stated that the Council should provide their input over the next few weeks before any decisions are made. Councilmember Hanna made a motion to request the City Manager to refine the questions and bring them before the Council at the next regular City Council meeting. Councilmember Monsef requested that more time be allocated for the refinement process, and the matter be scheduled for the second meeting in January. Councilmember Hanna concurred and Councilmember Monsef seconded the motion. The motion carried by unanimous voice vote - 5. The City Manager stated that there may be an additional expense incurred if the City must work with the consultant to refine the questionnaire, but that it would not require an additional appropriation. Councilmember Corica stated that the Council should feel comfortable with the survey and the method of conducting it before a commitment is made. Councilmember Lucas concurred. Councilmember Hanna stated the purpose of his motion was to take a new look at the questions. 85 -775 From City Manager concerning interim funding for the Chamber of Commerce. Ms. Martha Beazley, President of the Alameda Chamber of Commerce, stated that the Chamber is currently suffering from a cash flow problem. Ms. Beazley requested an interim commitment for approximately $10,000 until the Chamber is able to initiate a membership drive in February, 1986. Councilmember Monsef commended the Chamber of Commerce for the job they have been doing, but stated that the may be creating additional positions that are not really necessary. Ms. Beazley stated that the duties of the current Chamber staff are tremendous and that the position that was recently created was specifically to assist in increasing the Chamber's membership. Mr. Don Dowdell, President - elect, Chamber of Commerce, stated that the reason for the request for the loan was to cover a shortfall between revenues and expenditures. Mr. Dowdell added that the City is the best source of evaluating the job that the Chamber is doing for the business people of the City of Alameda. Mr. Dowdell stated that since Proposition 13 the Chamber has been financially independent. Mr. Scullin, 1120 Chestnut Street, questioned various aspects and terms in the lease between the Chamber of Commerce (lessee) and the City of Alameda (lessor). Mr. Scullin requested that President Diament abstain from voting on the matter before Council. Mr. Scullin made reference to a letter from Mayor Diament to Mr. Wayne Milani, dated May 30, 1984, thanking the Chamber for donations to 47 support her trip to Japan; he also noted that funds were received from the Chamber of Commerce during the month of November, as reflected on her Statement of Economic Interest. The City Manager responded that he had negotiated the lease between the City and the Chamber of Commerce and recommended the lease rate to the City Council. President Diament stated that the Chamber-sponsored trip to Japan was a trade mission on behalf of the City of Alameda, and that the trip was an endeavor to create more foreign trade for the City. President Diament explained that other cities and councils are participating, and that the Council had supported her efforts. President Diament noted that she would regret having to abstain on the vote. The City Attorney stated that he was not certair if the abstention doctrine would apply in this case, however, the Mayor had certainly met the reporting requirements. President Diament stated she would abstain from voting on this issue since a question had been raised. Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the Council accept the City Manager's recommendation. President Diament requested a roll call vote. Councilmember Monsef responded that he would vote yes. President Diament stated she would abstain. President Diament inquired if anyone opposed the motion; no opposition was voiced. President Diament stated that the motion carried. (Note: This matter was before Council on January 7, 1985, under Written Communications (letter from Mr. Scullin), at which time the Council directed the City Manager to reschedule the interim funding matter if, and when, the Chamber of Commerce needs funds.) 85-776 From Finance Director submitting 1984-85 audited financial statements. Mr. Charles Tillman commended the audit firm that prepares the City's financial audits. Mr. Tillman believes the Enterprise Fund should be placed on one page with all the revenues and expenditures in order to reflect actual figures. The Finance Director stated that a supplemental schedule could be included, if the Council so desired, that would provide more detail on the Golf Course Enterprise Fund. Councilmember Corica made a motion, seconded by Councilmember Hanna for acceptance of the report. The motion carried by unanimous voice vote - 5. RESOLUTIONS 85-777 "Proclaiming the week of March 2, 1986, as Arbor Day Week with March 8th designated as Arbor Day." Ms. Clarice Minot, 3022 Gibbons Drive, representative of the Citizens Tree Advisory Task Force, requested the Council declare Arbor Week and Arbor Day on March 8, 1986, with an official tree planting ceremony on 48 that day. Ms. Minot stated that it might be possible for the City of Alameda to qualify for a Tree City USA award from the State of California if such a day is authorized and an Arbor Day celebration is held. Councilmember Hanna recommended approval of the resolution with no financial commitment from the City. Councilmember Corica noted that the City does have an official tree planting ceremony at the Golf Course. Councilmember Corica inquired of Ms. Minot what the Task Force has done about the tree problems on Gibbons Drive. Ms. Minot stated the Task Force will be submitting suggestions in January to the Public Works Director and will recommend that the roots and tops of the trees be given attention during the same period of time. Also that the City experimentally use the interlocking pavers on Gibbons Drive. Councilmember Lucas inquired of Councilmember Hanna whether his main concern is that no City funds be expended. Councilmember Hanna stated that was correct. Councilmember Lucas inquired if it was a street tree planting ceremony that the Committee was considering. Ms. Minot stated that there are many possibilities for the location. The City Manager suggested that the Tree Committee resolve some of the Council's questions with the Public Works Director and come back to the Council at that time. 85-778 "Accepting Proposal of Corey, Canapary, and Galanis as Agreement for conducting a community survey." The City Manager noted that the resolution was considered with the survey discussed under Reports and Recommendations. Councilmember Hanna made a motion, seconded by Councilmember Lucas to continue the Council meeting past the 11:00 p.m. deadline. The motion carried by a unanimous voice vote - 5. 86-779 Resolution No. 10801 "Appointing Jane Felker and Georgia Samuelson, member and alternate respectively, to the Bay Area Library and Information System Lay Advisory Board." Councilmember Hanna made a motion, seconded by Councilmember Monsef, to adopt the resolution. The motion carried by a unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 85-780 "Ordinance No. 2266, N.S. "Amending the Alameda Municipal Code by amending Section 15-6210 thereof, relating to rates for collection of garbage and refuse." (This item was removed from the Consent Calendar.) 49 The City Clerk read a letter submitted to the Council at this meeting from Mr. Brodie, 834 Taylor Avenue, regarding the standard garbage can capacity. The Public Works Director, in response, stated that the standard size has always been 32 gallons. Councilmember Lucas made a motion, seconded by Councilmember Monsef, for final passage of the ordinance. The motion carried with the following voice vote: Ayes: Councilmembers Hanna, Lucas, Monsef, and President Diament - 4. Noes: None. Abstentions: Councilmember Corica - 1. UNFINISHED BUSINESS 85-781 Councilmember Hanna requested an update on the Bay Area Rar±d Transit (BART) parking lot as to what is being done to increase its capacity. Councilmember Hanna requested that an official letter be sent to BART. 85-782 Councilmember Hanna inquired as to the status of the Golf Course Pump. The Public Works Director responded that the pump was ordered in early summer with the specification that it be delivered no later than October 1st. The manufacturer was unable to meet the City's deadline. The Public Works Director explained that an emergency pump has been used as an interim measure. He also noted the last delivery date given to the City was December 20th. 85-783 Councilmember Hanna requested staff to review a memorandum from the City Attorney regarding the parking of large vehicles and for staff to decide where the overlaps and conflicts are and to present a recommendation to the Council. NEW BUSINESS 85-784 Councilmember Corica noted that the Council has received the updated Alameda Municipal Code and inquired why a private law firm was on the distribution list. The City Attorney stated that the firm has paid for the copy of the Code and that anyone can purchase a copy at $35 per copy. 85-785 Consideration of two nominations to the Housing Authority Commission. President Diament nominated Joy Johnson for reappointment to the Housing Authority Commission, and Mr. William Barry as a Senior Tenant Commissioner. Councilmember Hanna seconded the nominations. The nominations were approved with the following voice vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. ORAL COMIUNICATIONS, GENERAL 85-786 Mr. George Blackshere, 1821 Lafayette Street, stated that he 50 was not notified of a construction project at 1813 Lafayette. Mr. Blackshere requested that the Council waive the $200.00 filing fee for an Appeal. Councilmember Lucas stated that if there are no variances or use permits required, no public notice is necessary. Mr. Blackshere stated there are variances involved and that nore of his neighbors received notice either. The City Manager stated he would check with Staff to determine if, in fact, notice was given to the neighbors. The City Attorney suggested that Mr. Blackshere pay the Appeal fee to protect the Appeal timeframe and then request the Council to refund the deposit. 85-787 Mr. David Tees, 3253, Fernside Boulevard, questioned a building project in progress at 3203/3207 Fernside Blvd. Mr. Tees stated that he believes the project is in violation of zoning regulations. President Diament requested the City Manager to investigate the construction and to respond to Mr. Tees. ADJOURNMENT At 11:40 p.m., President Diament adjourned the meeting to an Miecut3ve Session. At the conclusion, it was determined no action would he taken at this time. The next regular Council meeting will be held January 7, 1986. Res ectfully submitted, tA Diane B. Felsch City Clerk