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1985-06-04 Regular CC Minutes807 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 4, 1986 The meeting convened at 7:36 p.m. (at the conclusion of the Housing Authority with President Diament presiding. The Pledge of Allegiance was led `bv COVncilmemb8r Lucas. The Invocation was given by Reverend Jack Huttinga, First Reformed Church. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. President Diament announced that Council had met in Executive Session preceding this meeting to discuss the Alameda City Employees' Association's proposal. MINUTES The minutes of the regular Council meeting of May 21, 1985, were submitted for Council's approval. Councilmember Corica corrected the minutes under Item 85-3I0, fourth paragraph, to read, "Councilmember Corica noted that Harbor Bay is desig- nated as responsible for one-third of the off-site landscape maintenance cost, and he stated he was hesitant to pass the resolution until a commitment for the funds is received from Port of Oakland." Councilmember Lucas moved for approval of the minutes as corrected. The motion was seconded by Councilmember Monsef and carried by unanimous voice vote - S" CONSENT CALENDAR The Public Works Director directed Council's attention to a change in wording in regard to Resolution 1-L; i.e., Alameda Marina Village Associates should be changed to Alameda Marina Center Associates. Councilmember Lucas moved for adoption of the Consent Calendar with the change as noted, and Councilmember Monsef seconded the motion. The motion carried by unani- mous voice vote - S. Items so enacted or adopted are indicated by an asterisk (*). REPORTS AND RECOMMENDATIONS *85-318 From Public Works Director and Fire Chief regarding status of Fire Safety and Exit Program. Approved. *85-319 From Public Works Director recommending approval for permit application for shoreline clean-up and dredging, Alameda Marina Village, Parcel C. Approved. *85-320 From Public Works Director recommending acceptance of the work by O. C. Jones for Harbor Bay Parkway widening, Doolittle Drive to Maitland Drive, Assess- ment Districts 81-1 and 84-1, P.W. NO. 3-84-3. Approved. RESOLUTIONS *85-321 Resolution No. I0625 "Approving Final Map of subdivision known as Tract 5347 and accepting certain easements and rights of access (Heritage of Alameda, The Alameda Associates, subdivider.) (South of the intersection of Oleander and Melrose Avenues.)" Adopted. June 4, 1985 6.0 8 *85 -322 Resolution No. 10626 "Authorizing execution of agreement for con- struction and completion of improvements in connection with Subdivision 5347 and approving bonds as to sufficiency. (The Alameda Associates, subdivider.)" Adopted. *85 -323 Resolution No. 10627 "Approving Parcel Map No. 4600 for division if prop" ty within Alameda Marina Village. (Alameda Marina Village Associates, subdivider.)" Adopted. *85 -324 Resolution No. 10628 "Ordering vacation of certain unused Public Utility 1.sement within Lot B of Tract 5218. (Brittany Landing, Harbor Bay Isle.)' Adopted. *85 -325 Resolution No. 10629 "Awarding contract to Gallagher & Burk, Inc. for South Loop Road, Phase I, Assessment District 84 -4, Harbor Bay Business Park, and authorizing execution thereof." Adopted. *85 -326 Resolution No. 10630 "Awarding contract to MJB Pipeline for Sewer Pump Station, Assessment District /EDA 84 -4, Harbor Bay Parkway, Phase 3, and authorizing execution thereof." Adopted. *85 -327 Resolution No. 10631 "Authorizing negotiation in the open market for work as described in Plans and Specifications for Webster Street Landscape Improvements, Phase 2, and Park Street Tree Planting." Adopted. *85 -328 Resolution No. 10632 "Authorizing execution of Professional Ser- vices Agreement with JTA, Inc. for construction surveying for Harbor Bay Parkway, Phase 3." Adopted. *85 -329 Resolution No. 10633 "Accepting Patton Way storm drain easement through Marina Village property from the Alameda Marina Center Associates." Adopted. *85 -330 Resolution No. 10634 "Authorizing execution of amendment to an agreement with Bissell & Karn for design of public improvements, Harbor Bay Parkway Phase 3, Assessment District 84 -4." Adopted. *85 -331 Resolution No. 10635 "Accepting dedication of portion of Shoreline Park for public access and park purposes from Alameda Marina Center Associates." Adopted. *85 -332 Resolution No. 10636 "Authorizing submittal of a budget revision to the claim filed with the Metropolitan Transportation Commission for allocation of Transportation Development Act /State Transit Assistance Funds for fiscal year 1985 -86." Adopted. *85 -333 Resolution No. 10637 "Authorizing execution of agreement between Harbor Bay Isle Associates and the City of Alameda for reimbursement of expenses incurred in connection with the high -speed water transportation demonstration program." Adopted. FINAL PASSAGE OF ORDINANCES *85 -334 Ordinance No. 2241, N.S. "Amending various sections of Chapter 1, Title XI, of the Alameda Municipal Lode to provide for regulation of Satellite Dish Antennas." Adopted. June 4, 1985 509 BILLS *85 -335 A List of Claims, certified by the City Manager as correct, was approved in the amount of $241,555.32. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 85 -336 From Cathy Maxcy, 1330 Bay Street, submitting a petition regarding the locust trees on the east side of the 1300 block of Bay Street. Ms. Maxcy requested that her comments be offered in conjunction with an upcoming agenda item (No. 8) regarding a report from the Historical Advisory Commission concerning City tree preservation and maintenance. Council concurred with this request. 85 -337 From Richard D. Thomas, 1300 Hansen Avenue, suggesting the appointment of a civic "task force" to consider the City's Community Development Block Grant Program. President Diament stated that she believed Mr. Thomas had offered an excellent idea and asked the Council if they wished to consider the suggestion. Councilmembers concurred that the Community Development Block Grant Program is Council's responsibility and should not be delegated to a commission or committee. It was noted that adequate opportunities are available for the public to address the Council during the funding process. Councilmember Lucas moved that Council accept Mr. Thomas' communication, and the motion was seconded by Councilmember Monsef, and carried by unanimous voice vote - 5. HEARINGS 85 -338 A hearing regarding the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972, City of Alameda, Island City Landscaping and Lighting District 84 -2, Fiscal Year 1985 -1986. President Diament declared the hearing open and continued it to June 18, 1985. 85 -339 A hearing regarding consideration of Zoning Text Amendment, ZA -85 -5, to Section 11 -1331, Uses requiring Use Permits, to add "(g) live theaters as Combined Uses with other permitted uses" in C -1, Neighborhood Commercial Districts. Applicant: City of Alameda. The Planning Director noted that his staff report to the Council had provided back- ground information regarding the proposed amendment. He reminded Council that the amendment, if approved, would change the Zoning Ordinance but would not result in approval of any specific application. A use permit application would be required following amendment of the Ordinance in order to seek approval of any specific request to operate a live theater. In response to an inquiry from Councilmember Lucas, the Planning Director explained that future expansion of a specific use, once approved, would require another use permit. Councilmember Lucas cited a concern that the proposed amendment may not offer adequate protection to avoid undesirable expansion of a use at some future time. It was the Planning Director's opinion that the use permit process would adequately address neighborhood concerns. Councilmember Lucas suggested that perhaps a 200 -seat limit could be imposed for live theaters in the C -1 District. 510 Councilmember Corica commented that he believed the use permit process would offer adequate control. President Diament declared the public hearing open. On the call for proponents, Terry Miner, 3214 Bayo Vista Avenue, representing Alameda Children's Musical Theater, spoke in support of the proposed amendment. On the call for opponents, there were no speakers. President Diament declared the hearing closed. Councilmember Monsef stated he was satisfied with the findings of the Planning Board and the explanation provided by the Planning Director. Councilmember Monsef moved for acceptance of the Planning Board's recommendation and that the applicable ordinance be taken out of order. The motion was seconded by Council - member Corica, and carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 85 -340 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Section 11- 1331 -Title XI thereof to allow live theaters as Combined Uses with other permitted uses in C -1, Neighborhood Commercial Districts." Councilmember Monsef moved for introduction of the ordinance, and the motion was seconded by Councilmember Lucas and carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. HEARINGS 85 -341 A hearing regarding street improvements on Hibbard Street north of Buena Vista Avenue, and on Eagle Avenue from Grand Street to Hibbard Street. The Public Works Director provided background information as contained in the written staff report. President Diament declared the public hearing open. On the call for both proponents and opponents, there were none. The public hearing was closed. Councilmember Lucas moved that the applicable resolutions be taken out of order at this time, and Councilmember Monsef seconded the motion, which carried by unanimous voice vote - 5. RESOLUTIONS 85 -342 "Overruling objections to notice to construct street improvements on Hibbard Street north of Buena Vista Avenue, and on Eagle Avenue from Grand Street to Hibbard Street and authorizing Superintendent of Streets to cause said work to be performed." The City Manager stated that since there were no objections, this action would be unnecessary, and he recommended Council proceed with the following item at this time. 85 -343 Resolution No. 10638 "Adopting Plans and Specifications for the recon- struction of Eagle Avenue from Grand Street to Hibbard Street and authorizing Superintendent of Streets to cause said work to be performed." June 4. 19RFi 511 Councilmember Monsef moved for approval of the resolution, and Councilmember Lucas seconded the motion. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Monsef, Lucas and President Diament - 5. Noes: None. Absent: None. APPEALS 85 -344 An appeal regarding consideration of request for Variance V -85 -11 to permit construction of two freestanding signs without landscaping at the base on one lot at 516 Willow Street. Applicant: Hillhaven Alameda. The Planning Director provided the details of the application, noting that administrative approval originally granted had been appealed and overturned by the Planning Board who denied the variance application. The applicant then appealed the matter to the Council who is to review the Planning Board record. The Planning Director explained that the Planning Board's decision allows one sign, as permitted by the Sign Ordinance, to remain on the property. President Diament opened the public portion of the appeal. Mary Lubin, Acting Administrator of Hillhaven Alameda, 516 Willow Street, represented the appellant. She stated that after reading the transcript of the Planning Board meeting, she did not believe Planning Board members fully understood the configuration of the property. Noting that much discussion at the Planning Board hearing centered on the Willow Street entrance, she emphasized that the most frequently used entrance is in the rear from the parking lot. The Willow Street entrance is reportedly used only by those walking to the facility. Visitors' parking, handicapped parking spaces, ambulance parking,.deliveries, volunteers and employees reportedly enter from the driveway on Otis Drive. She stated that signs have been at both entrances since 1966. Ms. Lubin urged that Council overturn the Planning Board's decision and grant the requested variance. Councilmember Monsef noted that the Otis Drive sign would serve only to identify the facility but would not designate the entrance. Councilmember Lucas inquired as to why the applicant was not proposing a sign to read "Parking for Hillhaven" instead of a regular business sign. Ms. Lubin noted that Hillhaven had been concerned with placing the sign as it has been worded in the past. In response to an inquiry from President Diament regarding possible special provision for an ambulance entrance sign, the Planning Director observed that the approved sign does not use all of the allowable sign area; thus, it may be possible to accommodate a separate sign designating the ambulance entrance within the allowable sign square footage or an ambulance sign may also be considered directional rather than a business sign. President Diament stated there may be a State law which addresses ambulance signs. The City Attorney stated he was not aware of such a law but could research it. He did note that the City's Sign Ordinance accommodates hospital facilities by allowing larger signs. Ms. Lubin commented that regardless of whether an Otis Drive sign were to designate "parking" or "ambulance entrance ", it would be vital that it include the Hillhaven business name on it. June 4, 1985 e12 Councilmember Lucas indicated she was concerned that the currently designed sign, because it does not include "parking" or "ambulance entrance ", would not assist people in locating the parking lot for the facility. President Diament closed the public portion of the appeal. Councilmember Lucas moved that Council deny the variance subject to the findings in Planning Board Resolution No. 1490, and Councilmember Monsef seconded the motion. The motion carried by unanimous voice vote - 5. President Diament stated that she believed the idea of identifying the Otis Drive entrance and how this could best be done to assist visitors should be pursued. REPORTS AND RECOMMENDATIONS 85 -345 From Chairman of the Historical Advisory Commission concerning City tree preservation and maintenance. (Continued from May 21, 1985.) Historical Advisory Commission (HAC) Chairman David O. Plummer, 1401 High Street, requested: (1) that City staff do a comprehensive study of the maintenance and retention of Alameda's trees; (2) that an Environmental Impact Report be required prior to threatened removal of historically significant trees (such as those on Gibbons Drive); and (3) that a tree preservation ordinance be created. HAC Member Woody Minor gave a slide presentation regarding Alameda trees. Cathy Maxcy, 1330 Bay Street, submitted a petition regarding the locust trees on Bay Street (subject of Written Communication). Neighbors complained regard- ing the manner in which trees had been trimmed, leaving an unattractive and unbalanced appearance to the street. David Maxcy, 1330 Bay Street, noted that the trees are trimmed at different times by different agencies and suggested that tree maintenance efforts be consolidated. Gary Kitajo, Attorney at Law, 1534 Pearl Street, provided Council with informa- tion concerning tree preservation ordinances in other jurisdictions. Sheila Doan, 3018 Gibbons Drive, and Clarice Minot, 3022 Gibbons Drive, urged that Council institute a moratorium on tree removal pending consideration of a tree preservation ordinance. Maerose Humphries, representing the Bureau of Electricity, explained legal requirements for clearance of trees from power lines. Emphasizing that the Bureau's main concern is for safety, she offered cooperation with the City in any way possible. President Diament referred to extensive background work accomplished by the Public Works Department regarding the issue. She noted that the Public Works Director has consulted with tree experts, and the experts have some areas of disagreement regarding tree maintenance and preservation. President Diament also emphasized the necessity to preserve sidewalks, curbs, gutters and streets. Councilmember Corica stated he was supportive of preserving trees, but he stated he would not be in favor of an ordinance which would prohibit citizens from removing trees on private property. He believed the City could set appropriate policy for protecting public trees, but that an ordinance is not necessary. ,lima 4 _ 1q25 al Councilmember Lucas stated she believed a tree preservation ordinance is needed, and she stated she would work with the City Attorney to develop a draft ordinance which could be submitted for Council's consideration. The City Manager remarked that the City has been maintaining the health of its trees for many years. He did not believe that a tree preservation ordinance, but rather a commitment to tree preservation, is the answer. The City Attorney added that most tree preservation ordinances were passed in the 1950's and 1960's to guard against mass tree removal by building subdividers. He did not believe that the intent of these ordinances applies to the current situ- ation in Alameda. Councilmember Lucas expressed her concern for both public and private trees with historical significance. She suggested Council take the time to draft an appro- priate ordinance. She did not believe it was the consensus of Council that a tree-trimming ordinance would be necessary at this point. Councilmember Hanna observed that the majority of complaints have resulted from tree trimming by the Bureau of Electricity, and he suggested that City staff investigate the manner in which P.G. & E. trims trees. Councilmember Hanna further suggested that it may be appropriate for home owners, such as Gibbons Drive residents, who wish to retain street trees to share in the cost of side- walk, curb and gutter repairs. (Note: Council recessed briefly at this time.) 85-346 From Public Works Director approving alignment concept of Atlantic Avenue extension from Webster Street to a distance of 650 feet east of Patton Way. William Hildebrand, 1031 Eagle Avenue, representing Northside Association, was concerned that the alignment would terminate at Sherman Street and would not relieve truck traffic on Buena Vista Avenue. The Public Works Director explained that Atlantic Avenue would connect at Sherman Street and would be designated as a truck route. It was moved by Councilmember Lucas, and seconded by Councilmember Monsef, that Council approve the proposed alignment concept. The motion carried by unanimous voice vote - 5. RESOLUTIONS 85-347 Resolution No. 10639 "Amending Resolution No. 10621 entitled, 'A Resolution of Intention to order the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972, City of Alameda, Island City Land- scaping and Lighting District 84-2, Fiscal Year 1985-19861." It was moved by Councilmember Hanna, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None, Absent: None. 85-348 "Overruling protests and ordering the improvements and confirming the Diagram and Assessment, Fiscal Year 1985-1986, Island City Landscaping and Lighting District 84-2." In conjunction with continuation of the hearing regarding this item, this resolution was continued to June 18, 1985. June 4, 1985 514 85 -349 Resolution No. 10640 "Confirming apportionment of assessments and direct- ing certain actions with respect thereto, Harbor Bay Business Park Assessment District 81 -1." It was moved by Councilmember Monsef, and seconded by Councilmember Lucas, that the resolution be adopted. The motion carried by the following vote: Ayes: Council- members Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -350 Resolution No. 10641 "Confirming apportionment of assessments and directing certain actions with respect thereto, Harbor Bay Business Park Assess- ment District 84 -1." It was moved by Councilmember Monsef, and seconded by Councilmember Lucas, that the resolution be adopted. The motion carried by the following vote: Ayes: Council- members Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -351 Resolution No. 10642 "Confirming apportionment of assessments and directing certain actions with respect thereto, Harbor Bay Business Park Assess- ment District 84 -4." It was moved by Councilmember Monsef, and seconded by Councilmember Lucas, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85 -352 Resolution No. 10643 "Adopting Plans and Specifications for installation of a chain -link fence to secure the former Disposal Site, calling for bids and directing City Clerk to advertise same." Councilmember Corica expressed his approval of a 6- foot -high fence for the dump site and questioned why the fence for the golf course had been lowered to 4 feet when it was replaced. The City Manager and Public Works Director explained that staff had originally recommended a 6 -foot fence; however, following negotiations with Parks and Recre- ation staff, Harbor Bay Isle Associates and the Golf Commission, a 4 -foot fence was agreed upon for the golf course. Councilmember Corica commented that perhaps aesthetics had been given a higher priority than safety at the golf course, and he stated the fence should be 6 feet in height. It was moved by Councilmember Corica, and seconded by Councilmember Monsef, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 85 -353 Councilmember Corica referred to a Council orientation meeting which had been scheduled for May 22, 1985, and expressed concern that this meeting was in violation of the Brown Act in that 24 -hour notice had not been given. The City Attorney stated that the Brown Act does not define the term "meeting ". In his opinion, the City Attorney stated that because no deliberations were contemplated at the orientation session, he believed the lack of notice did not June 4, 1985 815 violate the Brown Act. The City Attorney agreed to provide a written opinion regarding this matter at the specific request of Councilmembers Corica and Lucas. 85 -354 Councilmember Corica made reference to an article recently forwarded to Councilmembers from the City Manager. The article concerned the effects of criticism on public employees. Councilmember Corica responded that he would continue to publicly criticize the operation of the City when he believes such criticism is warranted. 85 -355 Councilmember Corica requested that consideration be given to providing agenda packets earlier in the week preceding Council meetings to allow additional time for review by Counciimembers, citizens and the press. The other members of Council, however, indicated that they were satisfied with the current time schedule for agenda packets. NEW BUSINESS 85 -356 Consideration of nominations for appointment to the following Boards and Commissions: Civil Service Board, Historical Advisory Commission, Library Board, Planning Board, Public Utilities Board and Social Service Human Relations Board. President Diament nominated James McKenna for reappointment to the Civil Service Board. The nomination was seconded by Councilmember Lucas and confirmed by unanimous voice vote - 5. President Diament nominated David 0. Plummer for reappointment to the Historical Advisory Commission. The nomination was seconded by Councilmember Monsef and confirmed by unanimous voice vote - 5. President Diament nominated Howard Riper for appointment to the Library Board. The nomination was seconded by Councilmember Hanna and confirmed by unanimous voice vote - 5. President Diament nominated Lucy Brohard for appointment to the Library Board. The nomination was seconded by Councilmember Monsef and confirmed by unanimous voice vote - 5. President Diament nominated Joseph Camicia for reappointment to the Planning Board. Councilmember Hanna seconded the nomination, which was confirmed by the following vote: Ayes: Councilmembers Corica, Hanna and President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent: None. President Diament nominated John Hines for appointment to the Public Utilities Board. The nomination was seconded by Councilmember Lucas and confirmed by unanimous voice vote - 5. President Diament nominated Susan Foulkes for appointment to the Social Service Human Relations Board. Councilmember Monsef seconded the nomination, which was confirmed by unanimous voice vote - 5. President Diament nominated Phyllis Marshall for appointment to the Social Service Human Relations Board. Councilmember Lucas seconded the nomination, which was confirmed by unanimous voice vote - 5. June 4, 1985 516 85 -357 President Diament appointed Councilmember Monsef to replace Councilmember Lucas as Council's representative to the ACTEB -ACAP Board. (Councilmember Monsef was previously Council's ACTEB -ACAP Alternate; Councilmember Lucas will now serve as Alternate.) President Diament noted that she would continue to serve as Council's representa- tive to the Solid Waste Management Board. 85 -358 Francis Lewis, 2168 Alameda Avenue, directed Council's attention to the litter problem in the neighborhood of Alameda High School, which may also be attracting rats to the area. He suggested that escalated street - sweeping efforts and regular police patrol may improve conditions. President Diament stated that the School District would be contacted regarding the problem. 85 -359 John Barni, Sr., 1380 East Shore Drive, commented regarding the following items: (a) He complained that the use of yard- cleaning equipment which blows debris results in the transfer of dust and litter to adjacent properties. (b) He suggested the City insist that new homes be constructed with 20 -foot driveways and two -car garages, thus providing off - street parking. The City Manager stated he would respond to the questions regarding building requirements in writing with copies to the Council. (c) Mr. Barni stated he would not be in favor of a tree preservation ordinance and noted that it may be necessary to remove trees where limbs or roots are endangering roofs and foundations of homes, particularly on smaller lots. (d) He pointed out that garage sale signs are often nailed to trees, especially on Central Avenue, and stated that this is probably in violation of a City ordinance. ADJOURNMENT President Diament adjourned the meeting at 10:20 p.m. The next regular Councl meeting was scheduled for June 18, 1985. Respectfully submitted, ,rM Diane B. Felsch City Clerk June 4, 1985 516-A SPECIAL COUNCIL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 4, 1985 The meeting convened at 6:30 p.m. with President Diament presiding. ROLL CALL Present: Councilmembers Corica, Hanna, Lucas, and President Diament - 5. Absent: None. 85-817a. - The purpose of the Special Meeting was for an Executive Session for discussion of labor negotiations. At the conclusion of discussion, it was determined that no action would be taken at this time. The meeting adjourned at 7:15 p.m. Respectfully submitted, it-- DIANE B. FELSCH City Clerk June 4, 1985