Loading...
1987-09-15 Regular CC Minutes264 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - SEPTEMBER 15, 1987 The meeting convened at 7:40 p.m. (at the conclusion of the Closed Session to discuss Lofstrand v. City of Alameda, and the meeting of the Community Improvement Commission) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Camicia. Reverend Beverly Su Schlagel gave the invocation. ROLL CALL - Present: Councilmembers Camicia, Haugner, Monsef, Thomas and President Corica. Absent: None. [ Councilmember Monsef arrived at 7:55 p.m.] MINUTES Councilmember Haugner stated that the minutes of September 1, 1987, paragraph 87-633/should reflect that the maiden name of Sharon Snider is LaCroix. Councilmember Camicia made a motion to approve the minutes of the Regular Council Meeting of September 1, 1987, as corrected. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 4. SPECIAL ORDERS OF THE DAY 87 -650 President Corica read a Proclamation designating the week of September 14 - 18, 1987 as Constitution Week. Clarence Kline, Chairman of the Constitution Committee, listed the many events that are taking place this week. CONSENT CALENDAR Clayton Guyton, requested Item No. 1 -N regarding the Buena Vista Apartments be removed from the Consent Calendar and placed on the regular agenda. Councilmember Thomas noted there was also a request from Elizabeth Zackheim to remove Items No. 1 -H, 1 -I and 1 -J, regarding approvals of three Parcel Maps, from the Consent Calendar. Councilmember Camicia made a motion to take Item No. 1 -N regarding the Buena Vista Apartments out of order. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 4. RESOLUTIONS 87 -651 Resolutions No. 11290 Supporting efforts to keep the Buena Vista Apartments affordable to low- and moderate- income persons. Clayton Guyton, 457 Buena Vista Avenue, #315, thanked Council for their efforts and urged them to vote unanimously tonight on the resolution before them to support the efforts of the tenants and also to show Council is committed to assist, and are concerned about low - income citizens. Councilmember Camicia noted that a Gersten Company representative informed him Gersten will not send out notices of rent increase until after the Mayor returns from the Washington D.C. trip. President Corica agreed and stated after he returns from D.C., there will be another meeting. Councilmember Camicia made a motion to adopt the Councilmember Thomas seconded the motion and it was unanimous voice vote - 5. Washington resolution. carried by John Mitcheom, 759 Central Avenue, commented the property owner has a right to pay off the mortgage, there are no Section 8 vouchers; there should be a good line of communication between staff and Council so they can act on matters; and downzoning makes it more difficult to house low income people. Regina L. Tillman, 455 Buena Vista Avenue, stated perhaps Mr. Guyton could go to Washington D.C. too. President Corica stated arrangements had already been made with HUD; and if tenants want to get more involved, they can contact their Congressman and everyone can send letters and make themselves heard. Mr. Guyton inquired who President Corica will contact, and President Corica responded he will meet with Congressman Fortney (Pete) Stark, Senator Peter Wilson, Hunter Cushing, and two head persons from HUD. Councilmember Camicia made a motion to adopt the Consent Calendar with the exception of of Items 1 -N, (See 87 -651) 1 -H, (See 87 -678) 1 -I, (See 87 -679) and 1 -J, (See 87 -680.) Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *87 -652 From Finance Director on City's Investment Portfolio as of August 31, 1987. Accepted. *87 -653 From Public Works Director recommending acceptance of work by Gateway Landscape Construction, Inc. for landscape improvements, Marina Village, Marina Village Parkway, Atlantic Avenue, Challenger Drive, P.W. No. 8- 85 -29. Accepted. *87 -654 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for construction of Harbor Bay Parkway extension, Phase 3, P.W. No. 1 -85 -2. Accepted. RESOLUTIONS *87 -655 Resolution No. 11291 "Appropriating $1,837.10 from the Narcotic Asset Seizure Fund into the ammunitions and firearms account." Adopted. 66 *87-656 Resolution No. 11292 "Awarding contract to A.V. & C. Construction Company for construction of a concrete retaining wall at Washington Park, and authorizing execution thereof." Adopted. *87-657 Resolution No. 11293 "Adopting revised plans and specifications for construction of a new rest room facility at Lincoln Park, calling for bids and directing City Clerk to advertise same." Adopted. *87-658 Resolution No. 11294 "Adopting plans and specifications for a new recreation building and related improvements for Franklin Park, P.W. 6-87-14, calling for bids and directing City Clerk to advertise same." Adopted. *87-659 Resolution No. 11295 "Ordering vacation of a portion of the electrical easement at 568 Central Avenue." Adopted. *87-660 Resolution No. 11296 "Authorizing submittal of an application for an anti-drug abuse program grant to the Office of Criminal Justice Planning, State of California, and authorizing execution of a Grant Award." Adopted. *87-661 Resolution No. 11297 "Authorizing execution of conduit agreement with Pacific Bell for extension of existing communication facilities for Marina Village Assessment District 84-3, Independent Drive and Atlantic Avenue street improvements, P.W. No. 4-87-9." Adopted. BILLS *87-662 A List of Claims, certified by the City Manager as correct, was approved in the amount of $831,257.04. Councilmember Monsef requested that the resolutions of appointments be taken out of order. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-663 Resolution No. 11298 "Appointing Toby Chavez a member of the Recreation Commission." Adopted. Councilmember Monsef made a motion for adoption of the resolution. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 87-664 Resolution No. 11299 "Reappointing Donald R. member of the Recreation Commission." Adopted. Councilmember Monsef made a motion for adoption of the Councilmember Camicia seconded the motion and it was unanimous voice vote - 5. The City Clerk administered the Oath of Office. Sherratt a resolution. carried by 267 87-665 Resolution No. 11300 "Reappointing Paul H. Aragon a member of the Golf Commission." Adopted. Councilmember Monsef made a motion for adoption of the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. WRITTEN COMMUNICATIONS 87-666 Petition requesting proposed non-smoking ordinance include restaurants. President Corica noted the ordinance was requested to be agendized by Councilmember Monsef, and the City Attorney is in the process of drafting an ordinance which will be on the October 6, 1987, agenda. Councilmember Monsef stated he has reviewed the draft ordinance, and made a motion to accept the communication. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-667 From Diane Coler-Dark, Park Street Business Association, 1363 Park Street, requesting action from Council to approve SATURDAY FREE METERS. Ms. Coler-Dark expressed concern about the matter, reviewed items within the staff report and requested Council consider not only the financial factors but the goals for the business area. John Scott Graham, 1728 Tregloan Court, stated he is in favor of free Saturdays and holidays; there should be at least a year of testing; and would like free meters in all of Alameda. President Corica stated the consideration is approximately $40,000 per year and if spread City-wide, would be a sizeable loss of revenue; does not know Webster Street Business Association's opinion; and believes Council should perhaps extend the time for two or three months until all information is in as to fiscal impact, and reaction of other shopping centers, and would like more input. Councilmember Thomas related that she talked to Ed Clark, President of Webster Street Business Association; stated they do not appear to want to get rid of meters, she believes this should be decided by individual business associations; the point is well taken that parking lots were proposed to be funded from these funds, and it is a tradeoff unless other money can be appropriated; and inquired how much is left of the $385,000 loan from the Workers Compensation Fund to the Parking Meter Fund to purchase property at the corner of Oak and Central Avenue. The Assistant City Manager responded that the money is being held in an interest bearing account by the Court. Councilmember Thomas stated she believes an additional three months, or possibly a year, is a better time period to gauge the effect of meter free parking and moved to extend meter free Saturdays for an additional three months. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87 -668 From Jacinto Zamora, 2932 E. 7th Street, Oakland, requesting an amendment to zoning ordinance relating to regulations for the R -2 through R -6 Zones. John Mitcheom, 759 Central Avenue, Alameda Board of Realtors, requested Council not adopt the resolution, leave the law as it is; Measure A is safe, there should be no more downzoning as he believes it will cause problems with the State and small property owners will be hurt, and inquired if this is a tightening of Measure A. President Corica replied that he has made moves to loosen it up, not tighten it, that moves were made to allow multiple buildings destroyed by fire to be rebuilt to original density, thus loosening up Measure A. Roberta Roberts, 221 Avington Road, stated she is speaking for Mr. Zamora and for herself; at the end of September 1st meeting, most of audience believed current areas of limitations would be retained, but there is now imposed new side yard setbacks which would reduce the number of units allowed; staff has justified utilization of the 20 foot setback by noting it would be easier for property owners to understand and the City Staff to administer; that Planning Department staff are capable of clarifying regulations or simplifying the language; the pledge of the Council on September 1st was to retain current regulations; and the perimeter should be retained. Councilmember Monsef made a motion to accept the communication. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. HEARINGS 87 -669 Consideration of a State Loan for Clean Water Act /Wet Weather Sewer Projects. President Corica explained the procedure of the hearing. The Public Works Director explained the matter, stating the City is under order from the United States Environmental Protection Agency (EPA) and the State Regional Water Quality Control Board (RWQCB) to make certain repairs to the sewer system; staff has submitted a plan which requires approximately $5,000,000 in the current year, 55% of the cost will be paid by the federal government through grants, and the recommendation is to apply for a low- interest State loan for a portion of the balance. President Corica added there were six other cities in the County who have the same problem. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. The public portion of the hearing was closed. President Corica commented there does not seem too much to discuss as the City is under a Cease and Desist Order to correct the problems. Councilmember Monsef commented that the Public Works Director's report explained the problem, and moved Council accept the recommendation and take the related resolution out of order. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87-670 Resolution No. 11301 Authorizing submittal of application for State Loan for Clean Water Act/Wet Weather Sewer Projects and execution of the Loan Agreement. Councilmember Monsef made a motion to adopt the resolution. Councilmember Haugner seconded the motion and it was carried by unanimous voice vote - 5. 87-671 Hearing regarding liens for repairs to sidewalk, driveway curb or gutter at 1536 Webster Street, 2249 San Antonio Avenue, 1544 Park Street. President Corica explained the procedure. The Public Works Director described the issue. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, there were none. The public portion of the hearing was closed. Councilmember Haugner stated it is important that the repairs be made, and the property owners should pay for them. President Corica noted there is little expense involved. Councilmember Camicia inquired if this procedure is unusual. The Public Works Director stated this is a procedure not necessary to use very often, normally property owners do the work or pay the City after work is done; and the persons have been adequately notified. Councilmember Monsef made a motion to accept the recommendation and take related resolutions, Items Nos. 11, 12 and 13 out of order. 270 Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. RESOLUTIONS 87 -672 Resolution No. 11302 "Confirming Report of Superintendent of Streets in the matter of the repair of sidewalk, driveway, curb or gutter in front of property known as 2249 San Antonio Avenue, and directing the filing of a notice of lien on said property with the County Auditor." Adopted. Councilmember Haugner made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87 -673 Resolution No. 11303 "Confirming Report of Superintendent of Streets in the matter of the repair of sidewalk, driveway, curb or gutter in front of property known as 1536 Webster Street, and directing the filing of a notice of lien on said property with the County Auditor." Adopted. Councilmember Haugner made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87 -674 Resolution No. 11304 "Confirming Report of Superintendent of Streets in the matter of repair of sidewalk, driveway, curb or gutter in front of property known as 1544 Park Street, and directing the filing of a notice of lien on said property with the County Auditor." Adopted. Councilmember Haugner made a motion to adopt the resolution. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87 -675 Resolution No. "Proposing Noise Abatement Procedures at Oakland International Airport." (Held over from 9 -1 -87 Council Meeting) President Corica noted there was a noon meeting today with the Port of Oakland which he and Councilmember Monsef attended; that, at the meeting, the Port informed them they were experimenting with directing the small planes on North Field to take off in an easterly direction so that none would fly over Alameda, they talked about other aspects of the resolution, the meeting was a good one; and perhaps another meeting should be scheduled. Fred Scullin, 1120 Chestnut Street, expressed concern about the number of flights over Alameda, referred to a report showing there have been a large number of flights, and referred to a letter that notes the tower in Harbor Bay Business Park has caused more flights over the area. Wayne Pearce, 1136 Fontana Drive, stated the airport manager did not know the Concorde was in the area until 5 minutes before it arrived on August 15th; on September 10th a jet aircraft took off R33 instead of R29; would like to know why the Port allowed Concorde to come in before the study is completed; and estimates about 300 separate suits will be filed against the Port. Bill Kane, 2615 Bayview Drive, endorsed Council's efforts; does not endorse banning all night flights off North Field; submitted Noise Procedures for North Field to Council; discussed departure paths; suggested Council ask Port to include R33 in runways prohibited to large planes and jets for takeoff; stated FAA would not release information to him regarding the owner of the Cessna 33 that took off and was in violation of the VFR procedure and therefore went over Alameda, however the FAA suggested someone on the City staff could get the information. Councilmember Camicia inquired about placement of signs in the runup area. Mr. Kane explained that Runway 33 has a displaced threshold and when signs are in the area beyond the displaced threshold, the pilots are not able to see the sign before takeoff; the sign should therefore be placed in the runup areas. Councilmember Thomas inquired if Mr. Kane had the number of the Cessna Citation. Mr. Kane replied that he thinks it is 714JR, and will confirm that. Councilmember Camicia questioned whether Council, in light of the progress in today's meeting, should go ahead with the resolution. President Corica stated perhaps something can be accomplished without the resolution at this time. Councilmember Monsef stated they mentioned to Port representatives today, that the resolution may be adopted and he heard no objection to it. President Corica stated there did appear to be progress made even though nothing was totally firmed. The Assistant City Manager noted that the same material in the resolution is also in the Part 150 study, and representatives of the Port are present this evening. Councilmember Monsef stated the Port was made aware of the concerns regarding the Concorde and the SST and he and President Corica stated specifically the City's desires regarding night flights and daytime takeoffs. Following a brief discussion, Councilmember Monsef suggested the Mayor write the Port a letter expressing tonight's comments and indicating the reason the City is not adopting the resolution at this time is because Council believes what transpired today is that the matter can be resolved by mutual communication through the Mayor's office with the Port, and moved Council defer the resolution. President Corica suggested deferring the matter to the next meeting to allow time to schedule a meeting with the Port before then. Councilmember Thomas suggested deferring to the second meeting in October, noting a few things should perhaps be changed and if an ongoing relationship is being established with the Port, she would like to see another meeting scheduled within that one month period. Councilmember Monsef rephrased his motion to include deferring the resolution for two meetings. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. 87 -676 Resolution No. 11305 "Authorizing submittal of application to the San Francisco Bay Conservation and Development Commission for beach stabilization and bird sanctuary south of Bayview Drive between Broadway and Ravens Cove." Adopted. Leora Feeny, 1330 8th Street, Audubon Society, stated they continue to support the project and would like an opportunity to make comments if anything new develops. Bill Kane, 2615 Bayview Drive, President, Bayview Homeowners Association, endorsed the concept of the sanctuary; and stated the only problem to the homeowners association is the requirement that some residents must tear up some work they have done, but for the greater good, it must be done. Mr. Kane noted that the work was not done under the auspices of the Association. Councilmember Monsef made a motion to adopt the resolution. Councilmember Haugner seconded the motion and it was unanimous voice vote - 5. 87 -677 Resolution No. Associates for Phase Project, P.W. No. Adopted. Councilmember Camicia Councilmember Haugner unanimous voice vote - carried by 11306 "Awarding contract to McGuire and Hester I Sanitary Sewer Rehabilitation and Relief 4 -86 -9, and authorizing execution thereof." made a motion to seconded the motion 5. adopt and it the resolution. was carried by 87 -678 Resolution No. "Approving Parcel Map 5169 for division of residential property within the development known as "Normandy," located at the terminus of Sath Court, permitting recording thereof, and accepting certain dedicated easements (Doric Development, Inc., owner)." Held over. (See Discussion under 87 -680) 87 -679 Resolution No. "Approving Parcel Map 5170 for division of residential property within the development known as "Normandy," located at the terminus of Remmel Court, and permitting recording thereof, (Doric Development, Inc., owner)." Held over. (See Discussion under 87 -680) 87-680 Resolution No. "Approving Parcel Map 5171 for division of residential property within the development known as "Normandy,” located at the terminus of Christensen Court, permitting recording thereof, and accepting certain dedicated easements (Doric Development, Inc., owner). Held over. Elizabeth Zackheim, 1033 Via Bonita, Casitas Homeowner's Association, (Casitas) expressed concern regarding drainage; noted Doric Development (Doric) and Casitas had discussions resulting in agreement with Doric, who agreed to revise plans; documents provide for Casitas to receive final plan revision no. 1 approved by the City Engineer but final revision No. 1 has not been received from the City; the City has not provided Casitas a copy as promised and the City Engineer is on vacation until September 28; if discrepancies are resolved by next Council meeting, they have no objection to Council approval of the Parcel Maps at that time; have been working in good faith with Doric but cannot accept the agreement until they have the attached map, therefore they request approval be held until it can be received. Aidan Barry, Doric Development, P.O. Box 1450, stated they are caught between, as Casitas would not enter agreement without approved plan revision but there was a hold on the plan revision as the agreement needed to be in place; that they settled, prior to the City Engineer going on vacation, that Doric would get conditional approval to plan revision as corrected and reviewed by Casitas; Doric received commitment this afternoon that the plan revision is complete and can be signed in the morning; and the need from the City is assurance the papers can be implemented tomorrow, then Casitas would probably not request continuance; Doric is in construction sequence relative to Phase II and delay would create a burden. Fred Scullin, 1120 Chestnut Street, was at Planning Board meeting at which this area was discussed; stated one of lots was smaller than 2000 square feet and believes that is opening the door to other possible abuses in the future. Pete Templeton, 376 Channing Way, stated he is a member of Planning Board but not speaking on behalf of the entire Planning Board; he is concerned that it may be coming before Council without everything and would support deferring the action or placing condition on it. Mr. Barry stated they have been working with Casitas finalizing the agreement; everything has been approved; all that is necessary is a signed Plan revision relative to the drainange; it is critical to timing of the project; there are weeks of delay because of the County recordation process; and he would appreciate support. Councilmember Camicia noted that Mr. Templeton stated there are a lot of issues outstanding and Mr. Barry stated Mrs. Zackheim might be able to sign off tonight, and asked clarification of the issue. Mr. Barry responded the issue is the plan revision, which identifies the City Engineer's approval of the storm drainage system which parrallels the common boundary for approximately 150 feet; the 4 "catch 22" is between Casitas and the review process. The Public Works Director stated the plans were submitted, checked by several departments, the concern of Casitas was an error that has now been corrected; the City has checked that portion; there are unrelated items; if approved tonight, recordation at the County level can be held up until the document is executed between Casitas and Doric; the City had said approval would not be given until the agreement was done, Casitas said they would not execute until they had the City signature and that is causing the problem; the City can waive that, knowing the rest of this is complete, subject to that signature, and it can be signed tomorrow. Councilmember Camicia clarified that Council could authorize this, and still give Casitas some assurance that they will have their concerns addressed. The Public Works Director agreed and said it will not be released for recordation until signatures of both parties are on the agreement. Mr. Barry commented the original parcel maps would, in fact, have to go before the City Engineer for signature so that would allow the City to remain in control. Councilmember Thomas inquired if that is acceptable to Casitas, to which Mrs. Zackheim responded it is. Councilmember Camicia moved for adoption with the stipulation and Councilmember Haugner seconded the motion. President Corica stated he will be voting no, not for reasons of problems tonight but because of the 20 foot streets. Councilmember Thomas stated she would vote no also because it is an example of homes that are not 20 feet apart, that a 32 x 70 foot lot is not consistent with heritage and tradition of the City of Alameda; Councilmember Haugner stated she will be voting yes because the representative of Casitas appears to be satisfied with the proposed solution. The motion failed by the following voice vote: Ayes: Councilmembers Camicia and Haugner - 2. Noes: Councilmembers Monsef, Thomas and President Corica - 3. Absent: None. Mr. Barry inquired what the basis of the no vote was, to which President Corica responded he has consistently voted against the Normandy project. Councilmember Monsef stated he has consistently voted against similar projects and that was the basis for his no vote. The City Clerk asked for confirmation for the record that the motion was in reference to all three resolutions and Councilmember Camicia so stated. FINAL PASSAGE OF ORDINANCES 87-681 Ordinance No. 2363, N.S. "Amending various sections of Chapter 1, Title XI of the Alameda Municipal Code, relating to regulations for the R-2 through R-6 Zones, and non-conforming uses." (See also 87-690) Jay de los Reyes, 16 Hampton Court, stated City staff memoranda recommend his project, and others at a similar stage, be exempted from the proposed ordinance and that the project could be grandfathered; and believes the proposed ordinance does not reflect the decision of September 1, 1987. Ed Murphy, 2618 Janis Circle, stated he and many other property owners thought the controversial issue was settled by Council at its last meeting; staff has different interpretation of Council's intent; questioned if Council intended to direct staff to increase the true requirement or to leave it as it has been since 1973; requested Council clarify; and noted Mr. Zamora's property is one of many. John Mitcheom, 759 Central Avenue, stated owners he contacted knew nothing about the downzoning; the majority of property owners do not know about it; Measure A does not need fixing; the Realty Board asked him to address Council; and requested zoning be left as it is and forget the ordinance. John Barni, Sr., 1380 East Shore, stated the meeting of September 1st was clear and he understood that the vote of the Council was 4 to 1 that the measure was to remain as it is. The City Attorney stated the motion was to keep what the Planning Board had presented but put back the density limitations that have been there since 1973; that the 20 foot provision is not a Measure A or density provision; that the provision does not apply to side yard, front yard, etc., but only to the distance between buildings on a lot; Council can grandfather the Zamora project by adding a Section 9 stating this ordinance will not apply to building permits for projects which have already received all discretionary approvals. Following a brief discussion on allowable distances between buildings, lot lines, open space, Mr. Zamora's property, and other considerations relating to the ordinance, President Corica stated he thought Council's action of September first was to retain the old way. Councilmember Thomas stated possibly Council could put it off and think about it. Councilmember Camicia agreed. Councilmember Monsef stated he would like to see the whole thing in writing; that he believed he understood but is not clear. President Corica noted Council must keep in mind the motion of the last meeting which was to go back to the old way. 276 Councilmember Monsef stated that was his understanding of the motion. The Planning Director stated that the possible changes in the ordinance were known to Mr. Reyes and that he had proceeded with full knowledge. Following further brief discussion regarding open space and the staircases on the Zamora property, Councilmember Monsef stated he is happy with the way the ordinance is presented and will vote for the ordinance and accepts the 20 feet as a standard. President Corica stated he does not know if it really reflects the action of September 1st. President Corica clarified it would include, not the grandfathering in, but the cleaning up of the ordinance so it takes care of all concerned. Councilmember Camicia stated he is confused and said it sounds like Council is going in the direction now of approving final passage. President Corica inquired what changes would be necessary, to which the City Attorney stated all changes have already been made. Councilmember Camicia stated the Planning Director had noted a confusion problem in the R -3 through R -6 zones, and inquired if passing this ordinance tonight would still leave that problem, to which the City Attorney responded it would not. The City Attorney stated the motion last meeting was to approve the Planning Board's ordinance, except put back the original square foot density requirements and that's what was done; that the "true" requirements were not discussed last time. President Corica stated he recalled that Council removed from the proposed ordinance, the words "apartments ", "condominiums ", etc. so that people would be clear when they saw something zoned R -4, R -5, or R -6; that although those terms existed in the old ordinance, they would no longer exist in the new one, and he believed that Council was going to leave it just as it was before, except with those terms deleted. The City Attorney gave his interpretation of the motion and discussion of September first, stating that the motion was, and the discussion was, that there would be all the changes as made by the Planning Board except for the density; that what everybody overlooked on both sides was the 20 foot requirement, that Mr. Zamora stated it has an impact but staff looks at it as a cleanup measure; so it was brought to Council's attention, so they could make the change. Councilmember Monsef inquired if he moved for the final passage, would it include the 20 foot requirement, and the City Attorney replied it would. 277 Councilmember Monsef moved for final passage of the ordinance. Councilmember Thomas seconded the motion and it was carried by the following voice vote: Ayes: Councilmembers Haugner, Monsef, Thomas and President Corica - 4. Noes: Councilmember Camicia - 1. Absent: None. Councilmember Thomas stated if the zoning ordinance is amended to prohibit stairways from being placed in the distance set apart, she would be in favor of reducing it to 10 feet but currently it allows stairways within the 10 feet. The City Attorney inquired if there is a motion to add Section 9. Councilmember Monsef commented the ordinance has been passed. UNFINISHED BUSINESS 87-682 Councilmember Thomas inquired what the responses have been to the letters that have been written by the City Manager to all of the stores regarding the October recycling program. The Assistant City Manager responded that the City Manager and Management Analyst have met with the representatives from Safeway and Lucky's; and details regarding the program will be provided to Council and public notice will be given. NEW BUSINESS 87-683 President Corica stated he has received a report from the City of Oakland to support legislation regarding disposition of the 1.1 billion dollar surplus from the State fund, and that their position is to petition the Governor and legislators to give the funds to the public schools; noted this is tied into the Gann spending limit initiative which probably will be appearing on the ballot; and if Council agrees, it should be agendized for the next meeting. Councilmember Haugner made a motion that the pending State Legislation regarding disposition of 1.1 billion dollars in surplus funds be put on the agenda for the next meeting. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 87-684 Councilmember Camicia noted there were many new newspaper racks in the City on which he had received complaints regarding placement, and inquired if a letter could be written from Council to the publisher/owner of the paper informing them that Council is concerned about the placement, and perhaps suggest they utilize the racks that are in the business districts. The Assistant City Manager commented there has been a review of a number of them, they are in compliance with the ordinance regarding distance from the curb, the name of the owner is posted on it and the only issue now is whether they have the $300,000 liability insurance, and the Community Services Officer has written for clarification of that matter. ORAL COMMUNICATIONS, GENERAL 87 -685 John Mitcheom, 759 Central Avenue, stated (regarding the downzoning -- see 87 -681) that the City Attorney drew up a clause that the Council could accept for the sake of the "little man," but he was ignored; discussed his own problems when property he had was downzoned; and added that when people asked that the ordinance be left as it is, no one spoke in favor of a change, and many are against it, but Council did not listen. 87 -686 Jay de los Reyes, 16 Hampton Court, stated the staff report to the Planning Board reflects that the Zamora project did not proceed nor was much money spent until the matter had gone through the Planning Board; and that the intent of Council on September first was different from this evening. 87 -687 Janet Long, 3279 Thompson Avenue, read portion of documents from medical doctors, stated Alameda and East Bay have facilities and trained doctors but no accommodations for heart transplant patients; the problem is that the House of Representatives is writing Bill HR3907 to control heart transplantation in the United States by controlling availability of donor hearts; the Bill may use the years of experience of doctors to control, which could exclude surgeons with great amount of experience in a short time, while allowing a surgeon with more time and less experience to participate, that experience, not duration of time, should be the determining factor; believes Council should see that accommodations are provided in the East Bay; and added that her son, with his heart problems, would not have survived a transfer across the Bay, this law will go into affect on October 1st, and requested Council write a letter regarding the matter. President Corica stated he will get the necessary material and is sure all of Council will be happy to lend their support to Mrs. Long's efforts. 87 -688 Jacinto Zamora, 2932 E. 7th Street, Oakland, stated things have been turned around from September lst and believes he is being discriminated against. 87 -689 Shirley Cummins, 549 Santa Clara Avenue, stated she was of the opinion on September lst that Mr. Zamora's project was allowed, she does not own multiples, and that Council should think of people they represent. The City Attorney clarified that the ordinance does not have any bearing on multiple dwellings. 87 -690 Roberta Roberts, 221 Avington, stated the Zamora's project has been worked on for nine months; that the City Attorney has stated the project can be grandfathered and Planning Director recommends it; and requested Council allow the project to go through. President Corica stated that he believes Mrs. Roberts' comments have merit, that Council did not consider the grandfathering because they thought it was taken care of at the last meeting and if the rest of 279 Council wishes, it can be done tonight if there is a motion by the people who prevailed in the prior motion; that it can be put off or can be done tonight. Councilmember Monsef stated he was under the impression last time that Mr. Zamora did not have the information but Planning Director stated he had full knowledge, therefore grandfathering this project might set a precedent for others and that is his only concern. Councilmember Haugner stated she heard both sides; does not know what Mr. Zamora was or was not cognizant of; stated she was on the prevailing side of the prior motion (87-681) and moved to reconsider the motion. President Corica seconded the motion. [The City Attorney stated President Corica could second the motion.] Councilmember Haugner made a motion that this ordinance shall not apply to building permits and projects that have already received discretionary approvals. President Corica seconded the motion. Councilmember Thomas stated she would like to see landscaping done as well as possible and requested good faith assurance from Mr. Zamora that he not allow stairway to block doors, windows, or anything else that provided a safety problem. Mr. Zamora agreed. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Haugner, Thomas and President Corica - 4. Noes: Councilmember Monsef - 1. Absent: None. 87-691 Richard Roth, 1417 - 5th Street, discussed his interpretatdon of Council's intent of September 1st regarding Ordinance No. 2363, N.S. stated that the density has changed even though it has been stated that there is no change; that when there is change in setbacks, side yards, and open space, in effect there is a change in density; suggested Council go back and change the 20 foot requirement and put it back the way it was. ADJOURNMENT President Corica adjourned the meeting in memory of Bryce Long at 10:50 p.m. Re#pectfully submitted, DIANE B. FELSthf City Clerk The agenda for this meeting was posted 72 hours in advance, in accordance with the Brown Act.