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1985-04-17 Special CC Minutes4 718 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD WEDNESDAY APRIL 17, 1985 The meeting convened at 7:35 p.m. (following a special meeting of the Community Improvement Commission) with President Diament presiding. The Pledge of Alle- giance was led by Councilmember Monsef. Reverend John Foley, Court Street Methodist Church, gave the Invocation. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Councilmember Gorman moved that the minutes of the regular Council meeting held April 2, 1985, be approved with the following amendment: Page 468, Paragraph 85 -193, motion should read, "Councilmember Gorman moved that Council accept the report, direct the Public Works Director to verify Golf Course acreage and pro- vide drawings of the parcels, and withhold disposition of those funds until budget time." The motion for approval of the minutes as amended was seconded by Councilmember Hanna and carried with four voice votes; Councilmember Lucas abstained due to her absence from the April 2 meeting. CONSENT CALENDAR Councilmember Hanna requested that a report and recommendation from the Public Works Director recommending acceptance of work by B & L Construction for Regent Street Sanitary Sewer Reconstruction, P.W. No. 10- 84 -25, be removed from the Consent Calendar for consideration later on the agenda. Councilmember Gorman moved, and Councilmember Lucas seconded the motion, that the Consent Calendar be adopted with the above -noted exception (Item 1 -C, to be heard following Agenda Item No. 14). The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *85 -208 From Finance Director on City's Investment Portfolio as of March 31, 1985. Approved. *85 -209 From Public Works Director recommending an extension of time of six months to November 3, 1985, in which to complete the improvements for Tract 3903 (Harbor Bay Isle Village 2 Northwest). Approved. *85 -210 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for Alameda Public Access Project, Alameda Park Boat Parking Lot, P.W. No. 8- 84 -20. Approved. *85 -211 From Public Works Director recommending acceptance of work by Electronic Innovations, Inc. for Police Administration Building Security Fence and Gates, P.W. No. 12- 83 -23. Approved. April 17, 1985 474 *85 -212 From Public Works Director recommending an extension of time for Harbor Bay Parkway widening, Doolittle Drive to Maitland Drive, P.W. No. 3 -84 -3. Approved. RESOLUTIONS *85 -213 Resolution No. 10584 "Authorizing execution of Agreement with County of Alameda for collection of assessments." Adopted. *85 -214 Resolution No. 10585 "Approving application for grant funds under the 1984 -85 Roberti- Z'Berg Urban Open Space and Recreation Program for renova- tion of Krusi Park "Tot Lot" and remodeling of restroom facilities at Lincoln Park." Adopted. BILLS *85 -215 An itemized List of Claims, certified by the City Manager as correct, was approved in the amount of $1,190,786.01. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 85 -216 From Bill Kane, President, Bayview Estates Homeowners' Association, requesting signs be placed along the beach behind Bayview Drive noting a nature path. Charles Millman, 2916 Bayview Drive, urged that Council accept the Bayview Estates Homeowners' Association's recommendation for preserving the nature path behind Bayview Drive. Mr. Millman described the various wildlife species which inhabit the area. He stated homeowners are willing to sign an agreement that they will maintain the nature path if the City will agree to placement of the requested signs to identify and protect the area. President Diament and Councilmember Lucas commended homeowners for their efforts in maintaining this area and indicated a desire to cooperate with them. Councilmember Hanna indicated his concern that placing signs along the path may serve the adverse purpose of attracting people to the area and thus disturbing the wildlife. He believed it would be necessary to construct a physical barrier to restrict access by motor - driven cycles. Councilmember Lucas commented that it appeared no funding would be necessary since homeowners would be taking on the financial obligations involved. President Diament noted that homeowners were requesting signs and that perhaps part of this request could be approved, with further consideration given to the idea of signage to deter motorcycles. The City Manager noted that if homeowners bagged debris, it would be picked up by Oakland Scavenger. He further indicated that staff would be willing to meet with representatives of the Homeowners' Association to try to resolve the issues involved. Councilmember Monsef moved that Council accept the communication and recommen- dation contained therein; Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 5. April 17, 1985 475 85 -217 From Richard F. McCarthy, Chairman, Alameda County Admission Day Celebration Committee, requesting the City of Alameda to appropriate $100.00 or more to assist the Committee. President Diament commented that similar requests are received regularly, and it has been Council's past policy to decline to participate. With reference to the City's financial condition, Councilmember Lucas moved that Council continue with past policy and send a letter to the Committee indicating the City's inability to participate. The motion was seconded by Councilmember Hanna, and the motion carried by unanimous voice vote - 5. 85 -218 From Charles L. Campanella, 2809 Fernside Boulevard, regarding rezoning of the south side of Clement Street. 85 -219 From Wayne and Linda Couglin, 1929 Schiller Street, regarding Planning Board Resolution No. 1474. 85 -220 From Harry and Pina Daniel, 1901 Schiller Street, urging the Council to approve the Planning Board's Resolution No. 1474. It was moved by Councilmember Gorman, and seconded by Councilmember Hanna, that the three above - listed written communications be accepted and considered in conjunction with the related hearing (see Paragraph 85 -221). HEARINGS 85 -221 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 to 1925 Willow Street; 1915 to 1919 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. (Continued from March 29, 1985.) The Planning Director reviewed information as contained in his prepared report regarding this matter. He stated the Planning Board recommended the rezoning of 32 parcels as specified from M -1 to R -2. President Diament declared the public hearing open. On the call for proponents, the following persons addressed the Council: Russell L. Meeks, 1917 Lafayette Street; Sharon Lewis speaking on behalf of Linda Couglin, 1929 Schiller Street; Jerome Donnelly, 2033 Eagle Avenue; Ian Keye, 1915 Schiller Street (also representing Wayne Couglin, 1919 Schiller Street); Sharon Lewis, 1915 Schiller Street; Robert E. DeCelle, representing Historical Advisory Commission, Post Office Box 1606; Marion Miller, 2043 Eagle Avenue. On the call for opponents, the following speakers addressed Council: Shari Capilla, 1814 Clement Avenue; David Walker of David Walker Associates, Inc., 1921 Schiller Street; April 17. 1985 47 6 Vic Viviano, 1202 Lincoln Avenue; John Gutieben, 2844 San Jose Avenue; Brian McDonald, 14462 Sherman Street; Erick Henrickson, 2626 Harrison Street, Oakland, Attorney representing Charles Campanella. President Diament declared the hearing closed. During the Council discussion that ensued, Councilmember Gorman commented for the record that the canvass company, Inland Ladder and Listo Pencil Company (businesses mentioned by speakers) were not part of this rezoning consideration. He stated that while some area properties are "rundown ", it is noteworthy that there are others that are well maintained. It was Councilmember Gorman's opinion that it would be unfair to rezone any existing commercial uses to residential. He believed that commercial or "M" zoning would be the appropriate designation for property on Clement and noted that he would not object to resi- dential zoning on side streets. Councilmember Lucas stated that a zoning error had occurred at some point in the past when residential properties were rezoned M -1. She recognized that residents of the area are making efforts to upgrade their homes, and this area offers potential for young buyers to obtain affordable housing. She offered support for the Planning Board's recommendation. Councilmember Hanna observed that it is difficult to locate small parcels suitable for commercial purposes in this community. He commented that conversion of industrially zoned properties to residential zoning would deprive owners of the uses for which their properties had been purchased. Councilmember Monsef concurred with Councilmember Lucas that current zoning in this area is the result of a past planning problem. He remarked that most property owners in the vicinity appear to favor residential zoning, and he sup- ported the residents' wishes. He stated he was in favor of the Planning Board's recommendation. President Diament suggested that properties on Clement remain industrially zoned to protect the rights of owners of existing businesses in this area. Councilmember Hanna moved, and the motion was seconded by Councilmember Gorman, that Council accept the Planning Board's recommendation for rezoning with the exception of properties at 1921, 1925 and 1929 Schiller and 1814 Clement. This motion is reflected in the following action: INTRODUCTION OF ORDINANCES 85 -222 Ordinance No. , N.S. "Reclassifying and rezoning certain properties 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 Street between Grand Street and Mulberry Street." Councilmember Hanna's motion (outlined above) for introduction of this ordinance carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas and President Diament - 4. Noes: Councilmember Monsef - 1. Absent: None. (Note: A brief recess was called at this time.) Following the recess, Council considered a recommendation from the Planning Director, received in conjunction with the above hearing, regarding possible April 17, 1985 mechanisms for improving the appearance of Clement Avenue and adjoining side streets between Grand Street and Willow Street. Referring to the alternatives addressed in this report, Councilmember Lucas indicated she would perfer that criteria be developed to establish an amortization period for perceived undesirable attributes of the area such as outdoor storage. She asked if criteria could be established on a City -wide basis to eliminate such eyesores as boarded -up buildings. The City Attorney responded that any ordinance that would address aesthetics should be applied City -wide. Councilmember Lucas stated she would like staff to develop criteria for possible incorporation into such an ordinance. The City Manager acknowledged that staff was presently working with the City Attorney to develop criteria and identify specific buildings considered to be blighted for presentation to Council for further direction to staff. Councilmember Hanna referred to a business entity where various kinds of electrical motors and equipment are routinely present on the public sidewalk. He requested the City Manager to investigate this matter. 477 President Diament added that large truck rigs are often parked on residential streets. The City Manager acknowledged this problem and noted that he has brought such incidents to the attention of the Police Department when observed. Councilmember Gorman moved that Council accept the Planning Director's report accompanying this hearing and direct staff to proceed as recommended in the report and as recommended by Councilmembers Lucas and Hanna with regard to unsatisfactory conditions. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. 85- 223 A hearing regarding Planning Board recommendation concerning Parcel Map 4586 to divide Parcel 6 of Parcel Map 4507 in the Harbor Bay Business Park into five parcels for financing purposes. The Public Works Director explained that this matter was before Council inasmuch as time constraints prevented the necessary advertisement to take place 10 days prior to the Planning Board hearing regarding this matter. A hearing was held before the Planning Board, and approval was recommended. The City Attorney explained that a full public hearing was held before the Planning Board; however, the hearing was not an advertised hearing. Since the City's ordinance allows either the Planning Board or the Council to hear such matters, a hearing was scheduled before the Council at this time to satisfy the legal requirement for advertisement of the hearing. President Diament declared the hearing open. Oscar Barry, representing Harbor Bay Business Park, requested that Council accept the Planning Board's recommendation for approval. Fred Scullin, 1120 Chestnut Street, raised concerns regarding the phasing of this project. He questioned the reason the Planning Board had originally voted against the proposal but subsequently voted for approval when there did not appear to be any significant change in the proposal. President Diament declared the public hearing closed. April 17, 1985 478 Councilmember Hanna moved that the resolution regarding this hearing be taken out of order, and Councilmember Lucas seconded the motion. The motion carried by unanimous voice vote - 5. RESOLUTIONS 85 -224 "Approving Parcel Map No. 4586 and permitting recording thereof (Harbor Bay Business Park, Plaza VI)." Resolution No. 10586. Councilmember Hanna moved that the resolution be adopted, and Councilmember Monsef seconded the motion. The motion carried by the following vote: Ayes: Council - members Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS 85 -225 From Chairman of the Historical Advisory Commission concerning the City's existing historical public documents. Rita Haugner, Historical Advisory Commission (HAC) member and member of the HAC's document survey subcommittee, directed Council's attention to two corrections on the previously submitted preliminary report. Ms. Haugner commented regarding the historical significance of documents located and requested that the HAC first be advised in the event any of the identified documents are to be relocated or destroyed. In response to an inquiry from President Diament, Ms. Haugher stated that original building plans for City Hall had not been located. She noted that Council would be immediately advised in the event these documents should be found. Councilmember Hanna noted that the Fire Department had previously requested the City Hall attic be cleared. The City Manager stated that many documents had been relocated from the attic, and fire protection devices had been installed in the attic. Councilmember Gorman moved that Council accept the report and recommendation; the motion was seconded by Councilmember Hanna, and carried by unanimous voice vote - 5. 85-226 From Chairman of the Historical Advisory Commission regarding the City Council's next membership appointment to the Commission. President Diament directed the City Clerk to advertise the opening, pointing out the requirement for an architect member. Councilmember Gorman moved that Council accept the report and recommendation, and Councilmember Monsef seconded the motion. The motion carried by unanimous voice vote - 5. 85-227 From City Manager regarding the Cable Television Oversight Committee. Noting that she had been absent from the previous meeting when Council discussed this issue, Councilmember Lucas confirmed that she was in agreement with Council's previous action directing staff to formulate a proposal for an Oversight Committee. Referring to the current report, Councilmember Monsef stated that he would prefer to see the committee meet monthly rather than quarterly. He disagreed with the recommendation in the report which indicated that citizen complaints should not April 17, 1985 479 come under the purview of this committee, noting that there have historically been many complaints against United Cable and this aspect should be overseen by the committee. President Diament explained that the Assistant City Manager has been handling complaint issues and that it has been effective in that specific unresolved complaints are brought to the company's attention for appropriate action. The City Manager added that the ordinance would be written to contemplate that the cable company will respond to customers, and it is important to note that it is the company's responsibility to respond to complaints. If the entire issue of poor response to complaints in general were a concern, the committee could take up the issue as a whole but should not become involved in individual complaints. President Diament commented that she concurred that the committee should be advisory rather than regulatory. Councilmember Gorman stated that one if his original thoughts regarding a cable committee was that the committee would review complaint logs to determine how many complaints are made, what the resolution of those complaints has been, and the amount of time spent on the complaints. He believed it would be very important that the committee review this level of service on behalf of the company and such should be made a duty of the committee. He acknowledged that his understanding was that complaints would go first to the cable company, next to the City staff representative, and finally to the committee if not resolved by those channels. The City Manager confirmed that such was the intent of the proposal prepared by staff. Councilmember Gorman also indicated that he would like to see the ordinance make it clear that the City's general fund should not be impacted by these efforts, but that staff time spent in this effort should be charged against the franchise. He remarked that the City may not always be in a position to have a staff person as knowledgeable concerning cable laws as the current Assistant City Manager, and care should be taken so that the City's funds are not impacted. It was Councilmember Gorman's recommendation that every effort be made to obtain committee members with knowledge of business, finance and programming or television operations and that committee members be required to attend one FCC seminar or similar meeting per year to keep abreast of changes in the law. Councilmember Hanna cautioned Council that attempting to review complaints and solve all problems (for the cable company) could severely impact staff. In response to Councilmember Gorman's inquiry, the Assistant City Manager estimated that he spends approximately one hour per week (or less) on cable television issues. The City Manager added that the amount of staff time needed will have a direct relationship to how often the committee will meet and exactly what the committee is directed by the Council to undertake. President Diament stated she believed the proposed ordinance would provide a good beginning and that much could be learned through experience as the committee becomes involved. She noted that the ordinance could be amended as needed in the future. Councilmember Gorman said that he would hope the scope of the committee would be outlined in the ordinance. He suggested that staff check with other jurisdictions with similar ordinances. It was emphasized by Councilmember Lucas that at least one of the at -large members should be knowledgeable about local origination and public access, April 17, 1985 480 and she expressed concern that there may not be potential members of this descrip- tion in the community. She noted that a member with general cultural interest may have to be substituted. It was moved by Councilmember Hanna, and seconded by Councilmember Monsef, that staff be directed to prepare an ordinance regarding the cable television over- sight committee and setting forth the committee's duties, powers and responsi- bilities. The motion carried by unanimous voice vote - 5. 85 -228 From City Manager regarding earthquake preparedness. It was moved by Councilmember Hanna that the report be accepted, and Councilmember Monsef seconded the motion, which carried by unanimous voice vote - 5. 85 -229 From City Manager regarding an agreement between Alameda Unified School District and August E. Waegemann for preparation of Plans and Specifications for the repair of Alameda and Encinal swimming pools. President Diament explained that this item was being removed from the agenda at this time because of concern regarding compliance with handicapped requirements. She noted that the School Board was also removing this item from their agenda for this evening. 85 -230 From Director of Recreation and Parks recommending the acceptance of the work by Gateway Construction, Inc. for the renovation of Washington Park, P.W. No. 12- 83 -22. Councilmember Hanna moved that the report be accepted, and the motion was seconded by Councilmember Lucas, and carried by unanimous voice vote - 5. 85_231 From Public Works Director recommending acceptance of work by B & L Construction for Regent Street Sanitary Sewer Reconstruction, P.W. No. 10- 84 -25. Councilmember Hanna stated he had requested this item be removed from the Consent Calendar in order that the Public Works Director could be complimented for having the work done expeditiously. He asked if any reason for the problems had been determined. The Public Works Director indicated that no problem other than the sag in the sewer line had been discovered. Councilmember Hanna moved that the report and recommendation be accepted. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. RESOLUTIONS 85 -231 "Awarding contract to Gallagher & Burk, Inc. for construction of Harbor Bay Parkway Extension, Phase 3, and authorizing execution thereof. (Continued from April 2, 1985.)" Resolution No. 10587. Fred Scullin, 1120 Chestnut Street, raised a concern that the Planning Board had not approved the proposed alignment of the Harbor Bay Parkway Extension. Staff explained what had been reviewed and approved by the Planning Board and referred to a map which had been exhibited to the Board at the time of their action. The Planning Director stated he was confident that BCDC is well aware that the setback for Shoreline Park is less than 50 feet in some areas, and in excess of 50 feet in others. The City Manager added that in approving the amend- ment to the Planned Development, the Planning Board had approved realignment of Harbor Bay Parkway. April 17, 1985 481 Councilmember Hanna moved that the resolution awarding contract to Gallagher & Burk be adopted. Councilmember Lucas seconded the motion, which carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -232 "Amending the Grant Agreement with the Economic Development Corporation of Alameda." Resolution No. 10588. It was moved by Councilmember Monsef, and seconded by Councilmember Hanna, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -233 "Appreciation to Volunteers for the City of Alameda in commemoration of National Volunteers' Week." Resolution No. 10589. Councilmember Hanna recommended that as many Councilmembers as possible attend the Volunteer Tea scheduled for May 23, 1985, at City Hall. President Diament commended Volunteer Coordinator Helen Moriarty for her outstand- ing efforts in making the City's Volunteer Program a success. 85 -234 "Authorizing public improvements for Marina Village Parkway and Indepen- dence Drive Assessment District 84 -3 by informal bidding pursuant to Section 3 -15 of the City Charter." The City Manager stated this item had been removed from this agenda. 85 -235 "Authorizing execution of an agreement with East Bay Municipal Utility District to provide pipes and appurtenant facilities for Harbor Bay Business Park South Loop Road, Assessment District 84 -4." Resolution No. 10590. Councilmember Gorman moved that the resolution be adopted, and the motion was seconded by Councilmember Monsef, and carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -236 "Describing improvements and directing preparation of Engineer's Report for Fiscal Year 1985 -86, Island City Landscaping and Lighting District 84 -2." Resolution No. 10591. It was moved by Councilmember Lucas, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -237 "Appointing Engineer and authorizing execution of agreement for Engineer- ing Services in connection with City of Alameda Island City Landscaping and Lighting District 84 -2 for Fiscal Year 1985 -86." Resolution No. 10592. Councilmember Gorman made a motion that the resolution be adopted, and it was seconded by Councilmember Hanna. The motion carried as follows: Ayes: Council- members Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. April 17, 1985 482 85 -238 "Appointing Attorneys for Fiscal Year 1985 -86, Alameda Island City Land- scaping and Lighting District 84 -2." Resolution No. 10593. It was moved by Councilmember Lucas, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the vote indicated: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -239 "Determining to undertake proceedings for the annexation of territory to an existing Assessment District known as "City of Alameda Island City Landscap- ing and Lighting District 84 -2" pursuant to the Landscaping and Lighting Act of 1972." Resolution No. 10594. Councilmember Lucas moved that the resolution be adopted. The motion was seconded by Councilmember Monsef, and carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -240 "Appointing Engineer for Engineering Services in connection with proposed annexation to City of Alameda Island City Landscaping and Lighting District 84 -2." Resolution No. 10595. It was moved by Councilmember Lucas, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -241 "Appointing Attorneys to conduct proposed Annexation No, 1985 -1 to City of Alameda Island City Landscaping and Lighting District 84 -2." Resolution No. 10596. Councilmember Monsef moved for adoption of the resolution, and Councilmember Hanna seconded the motion, which carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 85 -241a "Authorizing execution of Sales Agreement to sell to the Port of Oakland 15.67 acres at the northeast corner of Maitland Drive and Harbor Bay Parkway for $238,800.00." Ordinance No. , N.S. The Public Works Director noted the correct acreage is15.667 rather than 19.667 as indicated in attachments to the report. Councilmember Gorman moved that the ordinance be introduced, and the motion was seconded by Councilmember Hanna, and carried by the following vote: Ayes: Council - members Gorman, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 85 -241t Regarding Planned Development Amendment PDA -85 -1. Having been absent from the previous Council meeting, Councilmember Lucas inquired regarding the disposition of PDA -85 -1 to locate Harbor Bay Realty, and approve related signs, at 801 Island Drive. The City Manager summarized information as reported at the previous Council meeting. Staff noted that the sign would be allowed to remain in place pending processing of the amendment to the Planned Development. April 17, 1985 483 Fred Scullin, 1120 Chestnut Street, raised the issue that the existing business had previously been granted a permit to operate in a trailer on the property, and he questioned whether application had been made for a permit to relocate the business from the trailer. Staff indicated they would investigate that matter. ADJOURNMENT The meeting was adjourned to an executive session regarding two Workmen's Compensation cases at 11:00 p.m. Respectfully submitted, 7 *et Johnsoh / Deputy City t 1erk April 17, 1985