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1985-03-19 Regular CC MinutesMEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY MARCH 19, 1985 The meeting convened at 7:33 p.m. (following the Community Improvement Commission meeting) with Acting President Hanna presiding. The Pledge of Allegiance was led by Councilmember Monsef. Reverend Charles Nahnsen of Immanual Lutheran Church gave the Invocation. ROLL CALL: Present: Councilmembers Gorman, Lucas, Monsef and Acting President Hanna - 4. Absent: President Diament - 1. MINUTES Acting President Hanna requested that the minutes of the regular Council meeting of March 5, 1985, be amended as follows: Page 454, New Business, Paragraph 85 -147, should be revised to read, "Councilmember Hanna noted that the League of California Cities is opposing State legislation that would exempt some housing units (includ- ing mobile homes) from rent control. Councilmember Hanna suggested that Council advise the League that rent control should be decided as a local issue." It was moved by Councilmember Gorman, and seconded by Councilmember Monsef, that the minutes of the regular Council meeting of March 5, 1985, be approved as amended. The motion carried by unanimous voice vote - 4. (Absent: President Diament.) CONSENT CALENDAR Councilmember Gorman moved, and Councilmember Lucas seconded the motion, for adoption of the Consent Calendar. The motion carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *85 -151 From Finance Director on City's Investment Portfolio as of February 28, 1985. Approved. *85 -152 From Public Works Director recommending acceptance of work by Atlas Tree Service, Inc. for the pruning of City street trees, P.W. 12- 84 -27. Approved. RESOLUTIONS *85 -153 Resolution No. 10562 "A resolution awarding contract to Gallagher & Burk, Inc. for reconstruction and resurfacing of Parking Lot 'W' and authorizing execution thereof." Adopted. *85 -154 Resolution No. 10563 "A resolution authorizing agreement with the East Bay Municipal Utility District to provide pipes and appurtenant facilities for Harbor Bay Parkway, Phase III, Assessment District 84 -4." Adopted. *85 -155 Resolution No. 10564 "A resolution establishing Election Precincts, designating polling places therefor and naming officers of Election for each precinct for General Municipal Election to be held on Tuesday, April 16, 1985." Adopted. FINAL PASSAGE OF ORDINANCES *85 -156 Ordinance No. 2233, N.S. "An ordinance amending the Alameda Municipal Code by repealing Article 2, Chapter 7, of Title XII and amending certain sections of Chapter 1 of Title XIII relating to licensing of Auctioneers and Auction Companies." Finally adopted. BILLS *85 -157 An itemized List of Claims, certified by the City Manager as correct, was approved in the amount of S1,677,125.46. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 85 -158 From Charles L. Campanella, 2809 Fernside Boulevard, regarding rezon- ing of the south side of Clement Street. 85 -159 From Wayne and Linda Coughlin, 1929 Schiller Street, regarding Plan- ning Board Resolution No. 1474. 85 -160 From Harry and Pina Daniel, 1901 Schiller Street, urging the Council to approve the Planning Board's Resolution No. 1474. Acting President Hanna stated the above three written communications would be considered with the applicable hearing (Item No. 6) on this agenda. 85 -161 From Maurice Frye, 3268 Central Avenue, regarding the sealing of the City dump. The following individuals, all members of the Aeolian Yacht Club, addressed Council regarding Mr. Frye's request that mud from the Channel be used to seal the dump: Maurice Frye, 3268 Central Avenue; Thomas A. Ross, 980 Fernside Boulevard; Charles A. Thau, 2833 Central Avenue; Erbon Delventhal, 1152 Bismarck Lane. The Public Works Director described procedures and materials which would be used to seal the dump site. Councilmember Gorman moved that the communication be accepted and that staff be directed to continue with the City's plans to meet the minimum requirements to seal the dump site and, further, that staff work with the Army Corps of Engineers and the Alameda County Flood Control District relative to dredging of the San Leandro Channel. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. (Absent: President Diament.) HEARINGS 85 -162 A hearing regarding proposed rezoning R -85 -1 of the following M -1 (Intermediate Industrial) zoned properties south of Clement Avenue between Walnut Street and Grand Street to R -2 (Two- Family Residence District): 1911- 25 Willow Street; 1915 -19 Stanford Street; 1914 to 1926 and 1919 Chestnut Street; 1918 to 1928, 1917, and 1921 Lafayette Street; 1915 to 1929 Schiller Street; 1914 to 1928 Union Street; 1915 to 1919 Minturn Street; and 1814 Clement Avenue. Applicant: City of Alameda. March 19, 1985 � �� � "�� Acting President Hanna suggested that Council may wish to consider continuing this matter to a date when all Councilmembers would be present. A staff report was presented by the Planning Director, who described the Planning Board's recommendation in this matter. Councilmember Gorman commented for the record that a packet of material, which included photographs of each residential property and some commercial sites, had been provided to each Councilmember from citizens in the area. Councilmember Gorman referred to problems that may be presented by rezoning; i.e., the 12-f0Ot required setback for commercial property abutting a resi- dential zone. He noted that some commercial sites have material stored in yards or outside buildings which may be more objectionable than an attractive brick wall. Councilmember Gorman indicated that a 12-foot setback would leave no room on some sites for a building, and the rezoning could therefore prevent improvements from occurring (since redevelopment would subject sites to the new regulations). The Planning Director suggested that there may be some potential for estab- lishing an amortization period in order to require existing commercial uses to conform with new regulations. Acting President Hanna asked for an indication from concerned persons in the audience as to whether or not a continuation of this matter would be desirable for a time when a full Council could be present. Audience consensus was in favor of a continuance. It was moved by Councilmember Lucas, and seconded by Councilmember Gorman, that this item, along with the three written communications, a report and recommendation from the Historical Advisory Commission pertaining to this hear- ing, and the applicable proposed ordinance, be continued to the last Council meeting to be held in April 1985. The motion for continuance carried by unani- mous voice vote - 4. (Absent: President Diament.) Councilmember Gorman moved that staff be requested to report back to Council regarding negative impacts the proposed rezoning may have on small parcels, and the motion was seconded by Councilmember Lucas, and carried by unanimous voice vote - 4. (Absent: President Diament.) Acting President Hanna explained that a joint hearing would be held in conjunc- tion 85-163 A hearing regarding General Plan Amendment, GPA-84-6, to change the CLUP designation of 1200 to 1222 and 1201 to 1229 Park Street from Neighbor- hood Commercial to General Commercial and for 23I6 San Antonio Avenue from Neighborhood Commercial to Special Single Family. Applicant: John Barni, Jr. 85-164 A hearing regarding proposed rezoning R-81-5 to permit the reclassi- fication of 13 lots consisting of 1.93 acres at I200 to 1222 and 120I to 1229 Park Street and 2316 San Antonio Avenue from C-1, Neighborhood Commercial District, to C-2, Central Business District. Applicant: John Barni, Jr. Acting President Hanna declared the joint public hearing open. On the call for proponents, John Barni, Jr., applicant, Shaw & Lunt, 1277 Bay Street, addressed Council and urged that the property in question be rezoned March 19, 1985 460 as requested in his application in order to "clean up" the zoning in the area and eliminate inconsistencies in allowed uses. John Coler -Dark, 1226 Park Street, concurred with Mr. Barni's remarks and contended that there is adequate on- street parking available in the area. Councilmember Gorman moved that the joint hearing of General Plan Amend- ment 84 -6 and Rezoning Application R -81 -5 be closed and that the applicable resolution be taken out of order. Motion seconded by Councilmember Monsef and carried by unanimous voice vote - 4. (Absent: President Diament.) RESOLUTIONS 85 -165 Resolution No. 10565 "A resolution amending the Combined Land Use Plan of the General Plan of the City of Alameda to change the land use designation of 1200 to 1222 and 1201 to 1229 Park Street from Neighborhood Commercial to General Commercial and of 2316 San Antonio Avenue from Neighborhood Commercial to Special Single Family." It was moved by Councilmember Gorman, seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Lucas, Monsef and Acting President Hanna - 4. Noes: None. Absent: President Diament. Councilmember Gorman moved that the applicable ordinance regarding this hearing be taken out of order. The motion was seconded by Councilmember Monsef and carried by unanimous vote - 4. (Absent: President Diament.) INTRODUCTION OF ORDINANCES 85 -166 Ordinance No. , N.S. "An ordinance reclassifying and rezoning certain properties within the City of Alameda by amending Zoning Ordinance No. 1277, New Series; Applicant: John Barni, Jr., R -81 -5, 1200 to 1222 Park Street, 1201 to 1229 Park Street, and 2316 San Antonio Avenue." Councilmember Gorman moved, and Councilmember Monsef seconded the motion, that the ordinance (which pertains to the hearing on Rezoning Application R -81 -5) be introduced. The motion for introduction carried with the following vote: Ayes: Councilmembers Gorman, Lucas, Monsef and Acting President Hanna - 4. Noes: None. Absent: President Diament - 1. HEARINGS 85 -167 A hearing on Housing and Community Development needs in the City of Alameda. The City Manager recommended that the Council accept public input regarding the City's needs. Acting President Hanna declared the hearing open. The following speakers offered suggestions as indicated. Salvatore Frank Monaco, 2450 Otis Drive, addressed the storm drainage problem on Regent Street south of Otis Drive. The City Manager noted that eligibility of the project would depend upon the income level of affected residents; however, he noted that staff is aware of the Regent Street drainage problem which can be considered at the time specific Public Works projects are March 19, 1985 reviewed in May, 1985. 461 Gerhard W. Degemann, 2200 Central Avenue, representing Historic Alameda High School Foundation (HAHF), Inc., requested funds for Kofman Auditorium to provide seismic safety, new curtains, seats, runners, installation of eleva- tor and handicapped accessibility. Deanna Johe, 3258 Ravens Cove Lane, (President of the Social Service Human Relations Board) recommended that funds be utilized for City -wide curb cuts. Pamela MacKenzie, 11291 Pearl Street, President of Park Street Business Asso- ciation, recommended implementation of "clean -up" and "fix -up" campaigns to upgrade the aesthetic appeal of Park Street, Lincoln and Tilden. Lois Pryor, 1814 Clinton Avenue, President, Alamedans with Hope, suggested funds be expended for housing counseling and the creation of new housing. William Hillery, 660 Westline Drive, spoke against the City's participation in the Community Development Block Grant program. He suggested that Bureau of Electricity rates be increased to raise extra revenue for the City. John Mitcheom, 759 Central Avenue, expressed concerns regarding administration of funds for housing, and he suggested that the Housing Authority consider instituting the voucher system. Peter Davis, 905 Ironwood Road, spoke in favor of continuing Community Develop- ment Block Grant funding for the creation of low- income housing. He stated he does not agree with the concept of clustering low - income housing so that it may impact a particular area, but stated he could attest to the benefits to tenants and the affected neighborhoods in which individual units have been created. Richard Roth, 1533 Webster Street, President, West Alameda Business Association, suggested lardsc:'in2 for the intersection of Atlantic and Webster, additional funding for street furniture, further programs to help revitalization of street facades, economic development, directory guide on streets for pedestrians, public bulletin boards, and that the feasibility of acquiring lots for off - street parking. Paul Roberts, 1024 Union Street, Board of Directors, Alameda Main Street Project, recommended use of funds for historic commercial districts to provide improve- ments, more attractive buildings, wider variety of shops and services, and an improved shopping environment. Henry Pedersen, 377 Corbett Avenue, San Francisco, owner of Alameda property at 613 Haight Street, objected to funds previously expended for a housing project at 611 Haight Street. He cited alleged violations and mishandling by City staff in connection with this project. Robert Hoergin, 2412 Seventh Street, Berkeley, a land surveyor and attorney who stated he had represented four Alameda land owners, spoke against implementation of the low- income housing program and referred to purported Zoning Ordinance violations. He stated the program has injured neighbors. Ed Dankworth, 1221 Porta Ballena, Member of Mastick Senior Center, listed improvements needed for the Center; i.e., additional space for social service March 19, 1985 462 functions and improving the efficiency by which the space is now used. Joellen Spencer- Perry, 478 - 65th Street, Oakland, representing Bananas, Inc. Child Care Information and Referral, requested funds to help expand the child care supply and assist low- and moderate - income parents in affording child care. Greg Thomas Pryor - Nelson, 2063 Eagle Avenue, recommended continuance of the housing rehabilitation program for improvement of the City's housing stock. Fred Scullin, 1120 Chestnut Street, objected to the use of funds for housing conservation and development in the manner they are being expended. He stated the Economic Development Corporation program should be eliminated. Mr. Scullin suggested that if any monies are to be made available for public improvements, funds should be used to replace the Lincoln Park plaque, provide public rest - rooms, drinking fountains, public benches and public gardens. It was recom- mended that the present City Library be improved rather than constructing a new one. It was also suggested that the City purchase Franklin School and link the property up with the park. Mr. Scullin suggested the City should have emergency housing available for people who are evicted and have no place to go, until other housing can be located. He recommended that funding be made available to the Social Service Human Relations Board to carry out studies (to advise Council of needs). David Plummer, 1401 High Street, Chairman, Historical Advisory Commission, requested funds for the replacement of the memorial plaque in Lincoln Park. John Barni, Sr., 1380 East Shore Drive, indicated some objection to expendi- tures for housing rehabilitation and stated that previous funds used for this purpose have not been handled well. Mr. Barni noted that the Housing Authority Building on Webster Street is badly in need of paint and landscaping. He stated the building should be identified with a sign. There were no further speakers, and Acting President Hanna announced that written suggestions regarding Housing and Community Development needs may be submitted until the hour of 5:00 p.m., March 20, 1985. On a motion by Councilmember Gorman, seconded by Councilmember Lucas, the hearing was closed by unanimous voice vote - 4. (Absent: President Diament.) REPORTS AND RECOMMENDATIONS 85 -168 From Chairman of the Historical Advisory Commission recommending Council approve the rezoning between Eagle and Clement Avenues, and Grand and Mulberry Streets as specified in Planning Board Resolution No. 1474. This item was continued in conjunction with the related hearing on this matter. RESOLUTIONS 85 -169 Resolution No. 10566 "A resolution of intention to require street improvements to be made on Hibbard Street north of Buena Vista Avenue, and on Eagle Avenue from Grand Street to Hibbard Street, and setting time and date for Public Hearing." Councilmember Gorman moved, and Councilmember Lucas seconded the motion, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Lucas, Monsef and Acting President Hanna - 4. Noes: None. Absent: President Diament - 1. March 19, 1985 43 4-3 44 4 85 -170 Resolution No. 10567 "A resolution approving Final Map cf subdivi- sion known as Tract 4276 and accepting certain dedicated easements (Great Sierra Group, Inc., subdivider)." A motion to adopt the resolution was offered by Councilmember Lucas, seconded by Councilmember Gorman, and carried by the following vote: Ayes: Council- members Gorman, Lucas, Monsef and Acting President Hanna - 4. Noes: None, Absent: President Diament - 1. 85 -171 Resolution No. 10568 "A resolution authorizing execution of agree- ment for construction and completion of improvements in connection with subdi- vision Tract 4276 and approving bonds as to sufficiency (Whalers Cove, Great Sierra Group, Inc., subdivider)." It was moved by Councilmember Gorman, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried with the following vote: Ayes: Councilmembers Gorman, Lucas, Monsef and Acting President Hanna - a. Noes: None. Absent: President Diament - 1. 85 -172 Resolution No. 10569 "A resolution authorizing execution of agree- ment with Bananas, Inc. for Child Care Payments Program." Councilmember Lucas moved, and Councilmember Monsef seconded the motion, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Lucas, Monsef and Acting President Hanna - 4. Noes: None. Absent: President Diament - 1. 35 -173 Resolution No. "A resolution authorizing execution of amend- ment to the Grant Agreement between the City of Alameda and the Alameda Main Street Project, Inc." Councilmember Lucas expressed concern regarding certain restrictions in the agreement; namely, Items 10, 13 and 14. The Community Development Director agreed that referenced Item 13 (a require- ment that written approval be granted by the City to allow review of any reports and data prepared by the Main Street Project) could be deleted. She noted that the other items referred to are standard requirements for federally funded projects, but she stated she would confer with government officials fer clarification. Councilmember Lucas moved that this item be held over until staff could provide the clarification requested, and Councilmember Monsef seconded the motion. The motion for continuance carried by unanimous voice vote - 4. (Absent: President Diament.) 85 -174 Resolution No. 10570 "A resolution authorizing Purchasing Agent to give notice that Xerox Lease Agreement will not be funded for Fiscal 1985 -86." Councilmember Gorman moved for adoption of the resolution. The motion was seconded by Councilmember Lucas and passed with the following vote: Ayes: Councilmembers Gorman, Lucas, Monsef and Acting President Hanna - 4. Noes: None. Absent: President Diament - 1. 85 -175 Resolution No. 10571 "A resolution authorizing Lease - Purchase Agreement with Eastman Kodak Company." 1985 On a motion by Councilmember Gorman, seconded by Councilmember Monsef, the resolution was adopted by the following vote: Ayes: COunCilme0berS Gorman, Lucas, Monsef and Acting President Hanna - 4. Noes: None. Absent: Presi- dent Diament - 1. 85-176 Resolution No. 10572 "A resolution authorizing purchase of an Altos 436 Multi-User Micro-Computer, Hewlitt Packard Laser Printer, DTC Printer 450Z, and Four Terminals for the City Attorney and City Clerk Departments." It was moved by Councilmember Monsef, and seconded by Councilmember Gorman, that the resolution be adopted. The motion carried by the following vote: Ayes: C0UOcilm8mberS Gorman, Lucas, Monsef and Acting President Hanna - 4. Noes: None. Absent: President Diament - 1. INTRODUCTION OF ORDINANCES 85-177 Ordinance No. , N.S. "An ordinance reclassifying and rezoning certain property within the City of Alameda by amending Zoning Ordinance No. 1277, New Series; Applicant: City of Alameda, R-85-1, Intermediate Industrial Zoning District on the south side of Clement Avenue between Grand Street and Mulberry Street." Consideration of this ordinance was held over in conjunction with continuance Of the related hearing on this agenda. 85-178 Ordinance N0. , N.S. "An ordinance authorizing the sale of City-owned real property to R. C. Mann (Remnant Parcel consisting of 1344 square feet at the southwest corner of Encinal Avenue and Fernside Boulevard)." Acting President Hanna announced at the onset of the meeting that this item would be continued (subsequently scheduled for April 2, 1985\. NEW BUSINESS 85-179 Councilmember Gorman referred to a letter from Mayor Diament (who was absent from this meeting) regarding the role of the Social Service Human Relations Board (SSHRB) in relation to cable television. He stated the Mayor's intention was that the Council should restate their direction to the SSHRB regarding their area of responsibility. In discussing this issue, Councilmembers indicated that they would first prefer to hear from the SSHRB regarding their position. The City Manager explained that the City Charter provides that the SSHRB shall provide a work program to the Council for approval by the Council, and such a program has not yet been approved. Fred Scullin, I120 Chestnut Street, expressed concerns that Council was attempt- ing to prevent the SSHRB from speaking on an issue. Deanna Johe, Chairman of the SSHRB, refuted Mr. Scullin's statement. Considerable discussion ensued among C0UOCfl0emb2rS regarding an apparent division of the SSHRB over the cable television issue. Councilmember Lucas offered a motion that Council request the City Manager to furnish a report for the next Council meeting at which the full Council would be present regarding the two alternative views on the SSHRB; however, the March 19, 1985 motion was not seconded. Due to the hour at this time, it was moved by Councilmember Lucas, and seconded by Councilmember Monsef, that this meeting be extended to 11:15 p.m. The motion carried by unanimous voice vote - 4. (Absent: President Diament.) Councilmember Gorman moved that Council request the SSHRB to write Council a letter stating the majority position on the cable television issue, and Acting President Hanna seconded the motion. This motion failed to carry by the follow- ing vote: Ayes: Councilmembers Gorman, Hanna - 2. Noes: Councilmembers Lucas, Monsef - 2. Absent: President Diament - 1. Councilmember Monsef moved that Council set a date to hold a joint meeting with the SSHRB, and Councilmember Lucas seconded the motion. The motion carried by unanimous voice vote - 4. (Absent: President Diament.) 85 -180 Councilmember Gorman requested the City Attorney to ascertain whether or not he could provide legal assistance to tenants experiencing rent /landlord difficulties. ORAL COMMUNICATIONS, GENERAL 85 -181 Clarice Minot, 3022 Gibbons Drive, expressed concern regarding slated removal of City street trees on Gibbons Drive and requested that any action be delayed pending the City's consultation with tree expert Doug Hamilton who has assisted the City of Piedmont with a similar situation. The Public Works Director reported that he had attempted to contact Mr. Hamilton who is out of the country at the present time, and he stated he would confer with him when he returns. The City Manager noted that the trees in question are rais- ing the curb and gutter and could pose future liability for the City if accidents result; every attempt is being made to balance the liability issue against preser- vation of the trees. It was agreed by Council and staff that no action would be taken pending further review of the matter following consultation with the tree consultant, and the matter would be rescheduled for the second Council meeting in April, 1985. ADJOURNMENT There being no further business to come before the Council at this time, Acting President Hanna adjourned the meeting at 11:17 p.m. The next regularly scheduled meeting will be held Tuesday, April 2, 1985. Respectfully submitted, Dia e B. Felsch City Clerk