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1995-08-15 Regular CC Minutes2884 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL AUGUST 15. 1995 The meeting convened at 7:32 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Jack Buckley, First Presbyterian Church, gave the invocation. ROLL CALL - Present: Absent: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR President Appezzato announced that the following items were pulled for public discussion: 4-B (95-517) [Report from Assistant City Manager regarding Opposition to Assembly Bill 1800 (Alby) - Exempting Airport Land Use Commissions from CEQA]; and 4-C (95-518) [Report from Fire Chief requesting authorization to develop Alert Warning Siren Bid Specifications]. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. (*95-511) Minutes of the Special and Regular Council Meetings of August 1, 1995. Approved. (*95-512) Report from Public Works Director recommending Award of Contract in the amount of $453,374 to Fox Construction for Fire Station #1, ADA, Seismic & HVAC Upgrading, and Asbestos Abatement, No. P.W. 10-94-16 and Fire Station #2, ADA Upgrading and Asbestos Abatement, No. P.W. 10-94-17. Accepted. (*95-513) Report from Public Works Director recommending Adoption of Plans and Specifications and Calling for Bids for Rehabilitation of Play Courts at Washington, McKinley, Leydecker and Godfrey Parks, No. P.W. 05-95-12. Accepted. (*95-514) Report from Public Works Director recommending Adoption of Plans and Specifications and Calling for Bids for Regular Meaing, Alameda City Council August 15, 1995 283 Infiltration and Inflow, Sanitary Sewer Replacements in Certain Streets, Phase 5, No. P.W. 08-95-15. Accepted. (*95-515) Introduction of Ordinance "Amending the Alameda Municipal Code by Repealing Section 5-29 (Parades), of Chapter V (Licenses and Permits), Relating to Parade Permits, and Adding a New Section 5-29 Relating to Permits for Parades, Athletic Events and Public Assemblies." Introduced. (*95-516) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $4,470,177.52. Ratified. (95-517) Report from Assistant City Manager regarding Opposition to Assembly Bill 1800 (Alby) - Exempting Airport Land Use Commissions from CEQA. Accepted. Councilmember DeWitt stated that the City Council opposes AB 1800 because airports would be allowed to build and expand without public input. Councilmember DeWitt moved approval of the recommendation. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-518) Report from Fire Chief requesting authorization to develop Alert Warning Siren Bid Specifications. Accepted. Gerhard Degemann, Alameda, stated that the sirens should be synchronized. Neil Patrick Sweeney, Alameda, urged authorization of Bid Specifications. The Fire Chief gave a brief overview of the proposed system; stated that the purpose of the system is to improve alerting and notification for various types of disasters; and that a public education campaign will be conducted to educate citizens that when the warning sirens activate, to tune to the Civil Defense Broadcast to receive specific information for their area. Councilman Arnerich stated that the key criteria in the success of proposed system is the command center. In response to Councilman Arnerich's statement, the Fire Chief concurred and stated that the command center was a key element of the notification system and will be a component together with the siren system. Vice Mayor Mannix moved approval of the recommendation. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting, Alameda City Council August 15, 1995 284 President Appezzato announced that Council anticipated live coverage of the Council meetings beginning September, 1995. REGULAR AGENDA ITEMS (95-519) Public Hearing to consider an Appeal of a Planning Board denial of a Variance for a 740 square foot, one story expansion to the rear of an existing church to encroach ten feet (10') into the required twenty foot (20') rear yard at 1531 Sixth Street (Applicant/Appellant: Daniel Weller for Alameda Community Church); and Resolution No. 12680 "Upholding the Planning Board's Denial of Variance V-95-2 Relating to Construction of a 740 Square Foot, One Story Expansion to the Rear of an Existing Church to Encroach Ten Feet (10') Into the Required Rear Yard at 1531 Sixth Street." Adopted. President Appezzato opened the public portion of the Hearing. Shirley Cummins, Alameda, stated that the Church is very quiet; neighbors had encroached too close to the Church's fence; that the grounds of the Church had ample room for expansion; and spoke in support of the Appeal. Gary Thomas, Planning Board President, stated that numerous residents spoke before the Planning Board on the Project; various issues were addressed; there was room to expand on the property without a Variance; and that based on input from the neighbors, the Planning Board determined it would not be appropriate to grant a Variance. Lawrence Brunk, Alameda, stated that his home was located behind the Church and the backyard ran along the Church's fence line; he expressed concern regarding possible adverse affects due to the Project; and spoke in opposition to the Appeal. In response to President Appezzato, Mr. Brunk stated that he purchased his home 16 years ago and has never altered it. Kenneth Peterson, Alameda, spoke in opposition to the Appeal; and expressed concern regarding parking and noise issues. Daniel Weller, Appellant, Alameda Community Church, stated that due to his hearing disability, his son, Donald Weller, would speak on his behalf; and clarified that it was Mr. Brunk's sideyard that was three feet from the Church's fence, and not the backyard. Donald Weller, Alameda Community Church, stated that the proposed 20-foot expansion was intended to be a meeting hall and used as a dining area; that said expansion would not necessarily increase membership nor impact on parking other than what already exists; that the proposed expansion would be enclosed and would not make Regular Meeting, Alameda City Council August 15, 1995 285 much of a difference from existing noise levels; that the Church discussed the Planning Board's concerns with the neighbors; that the Church has a capacity for 150 members, although the membership is much less; that negative impacts were not expected, including property values; that it was suggested the expansion for the dining area be built in the front; that said suggestion was not feasible because the kitchen facilities were in the rear; that there would not be any changes as far as Design Review; and the Project is more of a positive impact for the neighbors than if the Church moved things outside. In response to Councilmember Lucas's comments regarding a reconfiguration that would not require a Variance, Donald Weller responded it would be too expensive. In response to Councilman Arnerich's concerns regarding noise, Daniel Weller stated that the walls were to be insulated and agreed to consider a double wall. In response to President Appezzato, Donald Weller stated, if the Variance was denied, the Church still planned to build out ten feet. At the request of Councilmember Lucas, the Planning Director briefed the City Council on the matter. Councilmember Lucas moved to uphold the Planning Board's decision. Vice Mayor Mannix seconded the motion, which carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas, Mannix and President Appezzato - 4. Noes: Councilman Arnerich - 1. [Adopted Resolution No. 12680, Upholding the Planning Board's Denial of Variance V-95-2 Relating to Construction of a 740 Square Foot, One Story Expansion to the Rear of an Existing Church to Encroach Ten Feet (10')Into the Required Rear Yard at 1531 Sixth Street.] (95-520) Public Hearing to consider an Appeal of a Planning Board denial of a Variance and Use Permit for an as-built addition and a proposed deck at 3363 Fernside Boulevard, (Applicant/Appellant: Dieter and Helene Rabe); and a Resolution "Upholding the Planning Board's Denial of Variance V-95-8, Use Permit UP-95-5, and Design Review DR-95-36 Relating to an As-Built Residential Addition and Proposed Deck at 3363 Fernside Boulevard." Councilmember Lucas announced that she would abstain from addressing matter due to a Conflict of Interest, and left the dais. Gary Thomas, Planning Board President, stated that the issue was before the Planning Board twice and twice denied; a room was built over property that is not the Rabes; Mr. Rabe has tried to purchase Regular Meeting, Alameda City Connell August 15, 1995 296 the federal land; the Planning Board believed approval would open the door for future encroachments; and that the problem of ownership of Estuary property should be resolved through Tidelands or the Army Corp of Engineers. Lisa Fasano, Alameda, stated that she lives next door at 3359 Fernside Blvd.; the unit at 3363 Fernside has been a problem as far back as when her grandparents owned the property; it has never conformed to the side yard setbacks; the structure hangs over their [Fasano] property and there is no privacy; and that the Fasano family wants the building to stop growing down the property line. Carol Kruger, Alameda, joint owner of 3359 Fernside Blvd., concurred with Lisa Fasano; and agreed with the Planning Board's denial. Pam (McQuay) Fernandez, Alameda, joint owner of 3359 Fernside Blvd., urged the City Council to uphold the Planning Board's decision. Shirley Cummins, Alameda, made the comment it bothers her if Councilmembers do not visit properties which are appealed. Dieter Rabe, Applicant/Appellant, 3363 Fernside, expressed appreciation to the Mayor and Councilmembers for looking at the property; and he noted that the deck was originally 10 feet. In response to Vice Mayor Mannix's inquiry regarding the enclosure, Mr. Rabe stated that the rear deck enclosure is a sunroom with an individual door. Vice Mayor Mannix stated that he looked at the property; the rear deck extends onto the land that the Rabes lease and want to secure from the federal government; and he does not see a major problem with the rear deck. President Appezzato stated that it is his third time to hear the matter; he will remain consistent with his previous vote and uphold the decision of the Planning Board. Councilmember DeWitt stated that it appears Council could grant a Variance if the Rabes would put up a barrier to obstruct the view into the neighbor's property; and permission to build on federal land is required from the government. The Planning Director stated that the Planning Department and the Rabes have been working with Congressman Dellums' Office to urge a process whereby land could be conveyed to adjacent property owners; and the matter has been attached to the Clean Water Act Bill for consideration. Regular Meeting_ Alameda City Council August 15, 1995 287 Councilmember DeWitt questioned whether the Appeal should be delayed until an official answer is available. The Acting City Manager responded that it is a viable option. The Planning Director stated that the City must act on the Applications within six months by State law, or the Project could be approved by default; the choices are to request the Rabes to withdraw the Appeal [Project] at this time, or to act on the Appeal now; if the Council chose to uphold the Variance, Council could direct staff not to proceed with enforcement for a period of time, and allow the process to get federal legislation for conveyance of property to proceed. Councilman Arnerich stated that the illegal deck was constructed before the Rabes purchased the property, and he does not understand why an enclosure is an issue now. The Planning Director stated that three years ago the Planning Board indicated it could not support an extension of living area over the property line; and that the two-story addition, built approximately two feet from a property line, has significant impact on adjacent property. Councilmember DeWitt inquired whether the Rabes would be willing to withdraw the Project. In response to an inquiry from Mr. Rabe, the Planning Director explained the consequences of withdrawing the Project; she stated that the Rabes would not have exhausted their administrative remedies which would prevent them from proceeding to Court; but that the Project could be resubmitted within one year, which would not be the case if there was a denial of the Variance. Mrs. Rabe noted that the deck structure is 12 feet away from the property line. Mr. Rabe stated that he would withdraw [the Project]. Vice Mayor Mannix moved that the City Council accept withdrawal [of the Project] and direct the Planning Director to contact Mr. Rabe and explain the issues. Councilmember DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Mannix and President Appezzato - 4. Noes: None. Abstentions: Councilmember Lucas - 1. (95-521) Hearing to consider Resolution "Declaring 1818 Park Street a Public Nuisance." Resolution not adopted. President Appezzato stated that the public nuisance had been abated. Regular Meeting, Alameda City Council August 15, 1995 288 Acting City Manager Rob Wonder noted that the Alameda County Environmental Agency fumigated the property on August llth, and the problem was resolved. Mr. Fong, Alameda County Environmental Agency representative, stated that the Agency worked with City staff and the problem was handled expediently. Councilmember Lucas moved acceptance of the report. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-522) Report from City Manager regarding Comprehensive Code Enforcement Program. The Acting City Manager explained that the Program will be centralized in the Police Department and staffed by two individuals; the Enforcement Program will deal with the Uniform Housing Code, Building Code, Appeals Board and, at a later date, a property maintenance ordinance. Vice Mayor Mannix moved the staff recommendation that Council provide direction regarding the creation of a centralized code enforcement division in the Police Department, direct staff to come back with a proposal to fund the program, and to finalize and bring back an Ordinance repealing the Uniform Swimming Pool Code Penalty Provisions, an Ordinance adopting the Uniform Housing Code, an Ordinance adopting Abatement Ordinance [Regulations], an Ordinance establishing Housing Code Advisory and Appeals Board, and a Vacant Building Ordinance. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (95-523) Report from Planning Director regarding a Recommendation from the Planning Board regarding a Fee Waiver request by Walt Musso for the processing of an in-lieu parking fee at 2233 Santa Clara Avenue. Councilmember Lucas moved that Council uphold the Planning Board's decision to deny fee waiver. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (95-524) Shirley Cummins, Alameda, suggested that the Planning Director contact Daniel Weller [regarding denial of Appeal, Item No. 5-A] regarding his options and waiving fees; also stated that the City should look at Mr. Brunk's property. Regular Meeting, Alameda City Council August 15. 1995 289 Ms. Cummins further stated, [regarding Item 5-C] that occupants of buildings should be considered when utilities are turned off, particularly if residents are ill. (95-525) Neil Patrick Sweeney, Alameda, reported that a Town Meeting on Base Closure will be held September 9, 1995. COUNCIL COMMUNICATIONS (Communications from Council) (95-526) Consideration of Mayor's nominations for appointment to the Economic Development Commission: a Community-At-Large Member and a Member with expertise in Marine/Waterfront related area. (Partial Terms) President Appezzato nominated Anthony Daysog for appointment as a Community-at-Large Member. (95-527) Consideration of Mayor's nomination for appointment to the Planning Board. (Partial Term) President Appezzato nominated Mr. Ronald Rossi for appointment to the Planning Board. (95-528) Councilmember Lucas stated staff should consider the street sweeping signs in the 1900 block of Third Street; that both sides of the street are scheduled for sweeping on the same day and at the same hour. (95-529) Councilman Arnerich stated that he would like staff to prepare a list of dormant properties, e.g. along Webster, Park, and High Streets, and report to Council. (95-530) Councilmember DeWitt stated that he would like staff to investigate a used car lot established in front of the Lucky's Store at Tilden Way and Blanding Avenue. (95-531) Councilmember DeWitt stated that he would like the property owners of U-Haul at Clement and Grand Avenues to improve its appearance. (95-532) Councilmember DeWitt requested a staff report on the City's program to fill vacant businesses on Webster Street and throughout the City. Mayor Appezzato stated that staff could work with the Economic Development Commission and the Chamber of Commerce. Regular Meeting, Alameda City Council August 15, 1995 290 (95-533) Councilman Arnerich stated that the new cinema complex located in Emeryville generates a great deal of foot traffic in the mall and streets; and that the future Alameda Theater may greatly increase revenues in Alameda. ADJOURNMENT (95-534) President Appezzato adjourned the meeting at 9:33 p.m. in memory of Richard "Dick" Bartell, a former major league baseball player and distinguished citizen of the community. pectfully su 't d, &B. FE SCH, C C City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Regular Meeting, Alameda City Council August 15, 1995