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1984-07-03 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JULY 3, 1984 The meeting convened at 7:30 p.0. with President Diament presiding. The Pledge of Allegiance was led by Councilmember Monsef. The Invocation was given by Rev. Su Schlagel, Twin Towers Methodist Church. ROLL CALL Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Absent: N0De, MINUTES Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the Minutes of the Regular Council Meeting of May 15, 1984, be approved as submitted; the motion carried by following vote: Ayes: Councilmembers Gorman, Hanna, Monsef, and President Diament - 4. Noes: None, Abstaining: Councilmember Lucas - 1. Absent: None. CONSENT CALENDAR President Diament announced that the report regarding East Shore Leases would be removed from the Consent Calendar for discussion later in the meeting. Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the following items on the Consent Calendar be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. Items so enacted are indicated by an asterisk / \. REPORTS AND RECOMMENDATIONS *84-601 From Public Works Director recommending acceptance of improvements and release of bond for Tract 3842. Approved. *84-602 From Public Works Director and Fire Chief submitting report on State- mandated Safety and Exit Program. Accepted. RESOLUTIONS *84-603 Resolution No. 10377 "Authorizing execution of personal services agreement with a Civil Engineer for approximately eighteen months for engineering services relating to development projects." Adopted. *84-604 Resolution No. 10378 "Authorizing execution of agreement with Occupational Health Services, Inc. for continuation of the Employee Assistance Program." Adopt2d, INTRODUCTION OF ORDINANCES +84-805 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending Section 17-413 thereof to increase the minimum height of turning movement Signs," Introduced and passed to print. *84 -606 Ordinance No. , New Series "Amending the Alameda Municipal Code by amending various sections of Article 1, Chapter 3, Title XI thereof, relating to rules and regulations governing the planning and subdividing of land and the filing and approval of Subdivision Maps." Introduced and passed to print. FILING *84 -607 Personal services agreement with a Civil Engineer relating to development projects. Agreement with Occupational Health Services, Inc., for continuation of the Employee Assistance Program. BILLS *84 -608 An Itemized List of Claims, certified by the City Manager as correct, was approved in the amount of 5657,256.56. RETURN TO REGULAR AGENDA HEARINGS 84 -609 Hearing regarding formation of an Assessment District and the levy and collection of assessments pursuant to the Landscaping and lighting Act of 1972 - City of Alameda Island City Landscaping and Lighting District 84 -2. President Diament read an opening statement indicating that this was the time and place for the above - listed hearing, outlining procedures, and declaring the hearing open. The City Clerk stated that notices had been published and posted as required and the Engineer's Report filed. John Heindel, Engineer of Work, summarized the nature of the project. The City Clerk read protests against the Assessment District as follows: From Dorothy Rutherford and Ysobel Hirsch, 1355 Hansen Street From Bertha Keizer and Geneveive Sickafoose, 1825 Park Street From Alameda Municipal Credit Union, 2514 Santa Clara Avenue John Barni, Jr., Shaw & Lunt Realtors Ron Goode Toyota, Inc., 1825 Park Street Pederson's TV & Stereo, 1349 Park Street The following persons spoke in support of the Assessment District: James Kennedy, Park Street Business Association Marian Pagano, 1100 Lincoln Avenue The following persons spoke in opposition to the Assessment District: Michael Grappo, P. 0. Box 1189 Albert Scott, 2418 Marti Rae Court John Thomson, 1516 Oak Street John Barni, Sr., 1380 East Shore July 3, 1984 2 President Diament declared the hearing closed. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the applicable resolution be considered at this time; the motion carried by unanimous voice vote - 3. RESOLUTIONS 84-610 Resolution No. 10379 "A resolution overruling protests and ordering the formation of an Assessment District and the improvements and confirming the Diagram and Assessment (City of Alameda Island City Landscaping and Lighting District 84-2)." Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. HEARINGS 84-611 Hearing regarding proposed amendment to the Alameda Municipal Code adding Article 4H to Chapter 1 of Title XI regulating the location of bars. Councilmember Lucas stated that she had initiated the request for the proposed amendment which would require new bars to obtain a Conditional Use Permit and hope- fully prevent a buildup of bars such as had occurred on Webster Street. President Diament declared the hearing open, and on the call for proponents, there were no speakers. On the call for opponents, there were no speakers. Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the applicable ordinance be considered at this time; the motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 84-612 Ordinance No. , New Series "Amending the Alameda Municipal Code by adding Article 4H to Chapter 1 of Title XI thereof, relating to additional requirements for bars." Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. HEARINGS 84-613 Hearing regarding proposed amendment to the Alameda Municipal Code adding Sections 11-1331(d)(9) and 11-1335(g)(5) to permit Furniture Upholstery Shops in C-1 and C-2 Zoning Districts. The Planning Director stated that there had been an apparent inequity in regulation of upholstery shops under present zoning, and the Planning Board felt it would be appropriate to permit such uses in C-1 and C-2 with a Use Permit. President Diament declared the hearing open, and on the call for proponents, Marion Pracht, 1419 Lincoln Avenue, spoke in support of the proposed amendment. On the call for opponents, there were no speakers. July 3, 1984 Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the hearing be closed and the applicable ordinance considered at this time; the motion carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 84-014 Ordinance No. , New Series "Amending the Alameda Municipal Code by adding Sections 11-1331(d)(9) and 11-1335(g)(5) to permit Upholstery Shops with a Use Permit in the C-1 and C-2 Zoning Districts." Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the ordinance be introduced; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President DiamBDt - 5. Noes: None. Absent: None. APPEALS 84-615 From Denise Rosko and Victoria Boddington appealing decision of the Planning Board in denying PP-84-1, Preliminary Plan to permit restoration of the existing Italianate Cottage and construction of two duplexes at 1319 Pearl Street. MS, Rosko spoke in support of the appeal and stated the proposed plan would permit restoration of the Victorian building. The following persons spoke in support of her position: Victoria Boddington, 1831 San Jose Avenue Bruce Carnes, 462 Santa Clara Avenue Marie Sarrica, 1311 Pearl Street, spoke against the appeal. Councilmember Monsef stated he was in favor of restoring the property. After discussion, Councilmember Hanna made a motion, seconded by Councilmember Lucas,to uphold the decision of the Planning Board and deny the appeal; the motion carried by the following vote: Ayes: CounCilm80berS Gorman, Hanna, Lucas, and President Diament - 4. Noes: Councilmember Monsef - 1. Absent: None. 84-616 From Wilbur A. Skaar, 1429 Benton Street, signed by Charles 0. Triebel, Jr., Attorney, appealing the decision of the Traffic Advisory Committee for abate- ment of vehicles on private property. Mr. Triebel spoke in support of the appeal stating that the bus is used for storage and should not be considered a vehicle under the ordinance. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the appeal be denied; the motion carried by unanimous voice vote - 5. RESOLUTIONS Councilmember Lucas requested the resolution commending JoAnn Litherland be considered Out of 3eqU8nCe, Councilmember Gorman made a motion, seconded by Councilmember Monsef, to consider the resolution at this time; the motion carried by unanimous voice vote - 5. July 3, 1984 4 84 -617 Resolution No. 10380 "Commending JoAnn Litherland for her contribution to the community and the City in making the first Alameda City Flag." Councilmember Monsef made a motion, seconded by Councilmember Gorman, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. Councilmember Lucas read the resolution and presented it to Ms. Litherland. REPORTS AND RECOMMENDATIONS 84 -618 President Diament announced that the report that had been withdrawn from the Consent Calendar would be considered. From Public Works Director submitting status report on East Shore leases. John Barni, Sr., 1380 East Shore Drive,stated that the charge for the leases was too high and objected to the proposal to construct a six -foot high fence to fence off the two properties not leasing the City property. Joseph Sullivan, 3221 Liberty Avenue, stated that the City should not lease properties to residents who do not have piers or docks. Councilmember Lucas made a motion that the staff recommendation that the City retain the two unleased lots and construct the fence be approved with the exception that the fence be three feet high instead of six. Councilmember Gorman offered an amendment to the motion, accepted by Councilmember Lucas, that the wharf and float on the property owned by Gordon March be removed. Councilmember Gorman seconded the motion, and it carried by unanimous voice vote - 5. 84 -619 From Chairman of Rent Review Advisory Committee submitting information relative to Case #097 - 1804 Santa Clara Avenue. Councilmember Lucas inquired as to the building code violations referred to in the report, and the City Manager recommended the report be referred back to staff. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the matter be referred back to staff and the City Attorney directed to take all possible legal actions to remedy the situation; the motion carried by unanimous voice vote - 5. Councilmember Hanna made a motion, seconded by Councilmember Lucas, that a letter be sent to the Municipal Court Judge requesting assistance in resolving such matters; the motion carried by unanimous voice vote - 5. 84 -620 From City Manager regarding City -wide Transportation and Transit Study. The City Manager noted the information regarding that subject had not arrived. Councilmember Hanna made a motion, seconded by Councilmember Monsef, to defer the report to the next meeting; the motion carried by unanimous voice vote - 5. 84 -621 From City Manager concerning County -Wide Transportation Committee. July 3, 1984 President Diament nominated Councilmember Lucas to serve as the elected official on the Committee. The nomination was seconded by Councilmember Hanna and carried by unanimous voice vote - 5. RESOLUTIONS 84 -622 Resolution No. 10381 "Authorizing submittal of application for Rental Rehab- ilitation Grant Funds to the Federal Department of Housing and Urban Development and making certification thereto." Councilmember Lucas expressed concern that the requirement that the majority of residents in neighborhoods where rehabilitation would be done be at or below 70% of the median income would cause a further concentration of poverty. Councilmember Hanna made a motion, seconded by Councilmember Gorman, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. 84 -623 Resolution No. 10382 "Adopting a Tenant Assistance Policy for the Rental Rehabilitation Grant Program." Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. 84 -624 Resolution No. 10383 "Requesting the San Francisco Bay Conservation and Development Commission and the Metropolitan Transportation Commission to amend the San Francisco Bay Area Seaport Plan." Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -625 Resolution No. 10384 "Approving amended Memorandum of Understanding between the International Association of Firefighters, Local 689 and the City of Alameda." Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the reso- lution be adopted; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. NEW BUSINESS 84 -626 Councilmember Hanna requested staff to contact the property owner at 1504 Encinal Avenue and have the litter cleaned up. UNFINISHED BUSINESS 84 -627 Consideration of appointment of one member to the Social Service Human Relations Board. July 3, 1984 President Diament nominated Paul E. Berger for appointment to the Board. The nomina- tion was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 11:05 p.m. The next regularly scheduled meeting will be held Tuesday, July 17, 1984, at 7:30 P.M. Respectfully submitted, ,,.. �� � DEEN SPEEGLE City Clerk July 3, 1984