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1985-08-06 Regular CC Minutes552 REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY AUGUST 6, 1985 The meeting convened at 7:44 p.m. (at the conclusion of the Housing Authority meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. ROLL CALL: Present: Absent: MINUTES Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. None. Councilmember Hanna moved for approval of the minutes of the regular Council meetings of July 2 and July 16, 1985, as submitted. The motion was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. It was moved by Councilmember Lucas that the minutes of the special Council meeting of July 23, 1985, be approved as submitted. Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Lucas moved for adoption of the Consent Calendar, and Councilmember Monsef seconded the motion. The motion carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *85 -453 From Public Works Director and Fire Chief on status of State - mandated Fire Safety and Exit Program, Title 24, Article 7, of California Administrative Code. Approved. *85 -454 From Public Works Director regarding status of Patton Way. Approved. *85 -455 From Public Works Director on status of former disposal site closure work. Approved. *85 -456 From Public Works Director recommending acceptance of work by Dawson & J.R.'s Construction for Pease Avenue street improvements, P.W. No. 1 -85 -1. Approved. *85 -457 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for reconstruction and resurfacing of Municipal Parking Lot "W ", P.W. No. 8- 84 -21. Approved. August 6, 1985 553 RESOLUTIONS *85-458 Resolution No. 10694 "Authorizing execution of a Deferred Compensation Plan Agreement with Great Western Savings." Adopted. *85-459 Resolution No. 10695 "Authorizing execution of an amended Hovermarine Demonstration Agreement with Harbor Bay Isle Associates, to include standard contract clauses contained in UMTA Circular .4220.1A." Adopted. *85-460 Resolution No. 10696 "Authorizing acceptance and execution of the Federal Government's award of financial assistance for the Hovermarine Demonstration Project." Adopted. *85-461 Resolution No. 10697 "Authorizing execution of a Cooperation Agreement with the United States Department of Transportation Administration, setting forth terms and conditions of Federal assistance for the Hovermarine Demonstration Project." Adopted. *85-462 Resolution No. 10698 "Authorizing open market purchase of a compact vehicle for the Fire Department." Adopted. *85-463 Resolution No. 10699 "Approving Parcel Map No. 4611 for division of property within Alameda Marina Village, accepting certain dedicated easements and finding said Parcel Map consistent with City's General Plan (Alameda Marina Village Associates - subdivider)." Adopted. *85-464 Resolution No. 10700 "Authorizing sale of surplus electrical equipment to Satin American Corporation." Adopted. INTRODUCTION OF ORDINANCES *85-465 Ordinance No. , N.S. "Authorizing acquisition of property from Concord Theatre Co. and Syufy Enterprises." Introduced. BILLS *85-466 A List of Claims, certified by the City Manager as correct, was approved in the amount of $1,653,919.48. RETURN TO REGULAR AGENDA WRITTEN COMMUNICATIONS 85-467 From Fred Scullin, 1120 Chestnut Street, regarding Ordinance No. 1646, N.S., Article 1, Residence Requirements. President Diament noted that Mr. Scullin was questioning the fact that the City was not abiding by the residency requirements for designated employees as set forth in the Municipal Code. August 6, 1985 554 The City Attorney explained that the State Constitution pre-empts the City's code and makes the residency requirement unenforceable. Councilmember Corica commented that City Department Heads should be encouraged to live in Alameda. The City Manager noted that City staff members are very active in the community. Councilmember Lucas stated that Mr. Scullin's concern appears to have been answered, and she moved that Council accept the communication. The motion was seconded by Councilmember Monsef, and carried by unanimous voice vote - 5. 85-468 From Pat McGrath, 1096 Melrose Avenue, pertaining to the initiation of a City hazardous materials ordinance. Ms. McGrath reviewed information as submitted and urged that the Council adopt a local hazardous materials ordinance. It was Ms. McGrath's opinion that the County could not provide adequate coverage due to their limited personnel for the program. Rafat Shahid, representing Alameda County's Hazardous Materials Program, responded to various inquiries of the Council and described the County's efforts. He explained that the County works with local Fire Departments and notifies them of violations. Councilmember Monsef expressed disagreement with the City Fire Department's recommendation that the City should continue to be an integral part of the County's Hazardous/Waste Management Plan rather than adopt a local plan. He was concerned that the County lacks adequate resources to handle the program. Councilmember Monsef moved that City staff be directed to explore the matter further and report back to Council; however, the motion was not seconded. Councilmember Hanna moved that Council accept the recommendation of the Fire Department that the City continue to participate in the County's program and that the County's plan be monitored and evaluated as to its effectiveness and control of hazardous materials within the City of Alameda. Councilmember Corica seconded the motion, which carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas and President Diament - 4. Noes: Councilmember Monsef - 1. Absent: None. 85-469 From Clarice Minot, 3022 Gibbons Drive, regarding a Citizens Tree Advisory Task Force. Ms. Minot requested that Council consider appointing a Tree Advisory Task Force to serve in an advisory capacity to the Public Works Director by preparing a plan for the management and enhancement of City trees, and to make recommendations to the Council for fund raising programs to augment the maintenance of trees. She proposed that the committee would exist for a one-year period only. Councilmember Corica stated his preference would be for a committee such as recently formed to review tree-trimming methods and tree root problems on specific streets. August 6, 1985 555 Councilmember Lucas noted that issues concerning trees are City wide, and she believed the entire issue should be addressed by a committee as suggested by Ms. Minot. Councilmember Corica indicated a concern that such a committee may expand and become involved with trees on private property, and he stated he would be opposed to that idea. President Diament expressed concern regarding the amount of financial support that may be required to sustain such a committee. Councilmember Hanna requested the results of meetings with Bay Street residents regarding tree-trimming problems. The Public Works Director reported that a meeting with one representative of Bay Street property owners north of San Antonio resulted in agreement that the representative would be contacted prior to commencing trimming and given advance notice of what would occur. A meeting with approximately 10 to 12 Bay Street property owners south of San Antonio resulted in gaining owners' concurrence regarding the removal of one or two trees with root problems. David Maxcey, 1330 Bay Street, stated he is satisfied with the manner in which the Public Works Director has handled the immediate problems. Mr. Maxcey believed that a committee as proposed by Ms. Minot may helpful on a City-wide basis. Councilmember Hanna questioned the need for a committee to consider City-wide tree problems, and he also questioned that the committee would be dissolved in one year as proposed. He stated that he was not necessarily opposed to such a committee, but he suspected the committee was proposed to avoid costs of maintaining sidewalks on Gibbons Drive. Councilmember Lucas moved that a Tree Advisory Task Force as outlined in Ms. Minot's proposal be appointed. Councilmember Monsef seconded the motion, and commented that the problem is that there is no City policy. Councilmember Monsef stated that the City needs input from home owners and other sources. President Diament stated that she believed individual committees of concerned parties in affected areas should first be tried as solutions to the problems. The motion for approval of the committee was approved by the following vote: Ayes: Councilmembers Hanna, Lucas and Monsef - 3. Noes: Councilmember Corica and President Diament - 2. Absent: None. President Diament requested that staff report back to Council with recommendations regarding composition of the committee. She also suggested that a member of the Historical Advisory Commission serve on the committee. It was announced that interested candidates for the committee should submit their names to the Mayor's Office. August 6, 1985 556 85-470 From William Kane, President, Bayview Estates Homeowners' Association, opposing establishment of a bike path in the area behind Bayview Drive properties. Mr. Kane expressed his concerns regarding East Bay Regional Park District's bicycle paths and discussed the status of the application with BCDC for erosion control work. He stated that a crushed granite, low-density path would probably be acceptable to home owners. Councilmember Corica requested that the City Manager provide him with minutes of a meeting held between City staff and Mr. Kane and information regarding BCDC's plans for the area. Councilmember Lucas referred to the detrimental effects on the City from East Bay Regional Park District facilities, and she stated she opposed extension of the bike path behind Bayview Drive. Denise Eberhard, 2922 Bayview Drive, stated she is a concerned home owner who lives on the beach. She referred to the crime and vandalism in the area and stated it is important to preserve natural areas. She urged that the City make a real effort to prevent installation of a paved path. The City Manager stated that BCDC does have jurisdiction and could require public access. The City has indicated its position against a high-density use in this area. Councilmember Monsef moved that Council accept Mr. Kane's communication; Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. APPEALS 85-471 Consideration of Appeal of Planning Board decision to approve Variance V-85-27. Appellant: Councilmember Chuck Corica. The City Attorney explained the appeal process, stating that Council was to hear this matter on the record of the Planning Board. He stated this appeal was unusual in that the notice of appeal does not state in what way the Planning Board's findings are not supported by the record; instead, it simply states that granting the variance is contrary to Measure A. In the City Attorney's opinion, it would be difficult to support an appeal based on that process. Councilmember Corica stated that he intended to proceed properly in this appeal, and he emphasized that approval of the variance does violate Measure A. He noted that only four of the seven Planning Board members were present at the time the variance was approved. Councilmember Corica reviewed the background information regarding this application and stated that the additional dwelling unit should be returned to an addition to the original house as indicated on building plans. He stated that approval of the variance creates undue hardship to the citizens of Alameda who voted against multiple units (Measure A). Councilmember Corica noted if the variance is approved, it may be necessary to initiate another ballot measure. August 6, 1985 557 The following individuals spoke in favor of the appeal: Charles Tillman, 2415 Roosevelt Drive; Alice A. Challen, M.D., 2601 LaJolla Drive; Linda I. Pritchard, 3263 San Jose Avenue; Sal Monaco, 2450 Otis Drive; David Baker, 939 Taylor; John Hand, 1617 Gould Court; Paul Breitkoff, 1823 San Jose Avenue; and Darlene Banda, 919 Del Mar, Gregory Silva, Stonehouse & Silva, Attorneys at Law, 512 Westline, No. 204, representing the applicant, Mr. Ramos, reviewed facts which were presented to the Planning Board, resulting in their granting the requested variance. Mr. Silva stressed that the City's Zoning Ordinance provides for the variance procedure which was followed in this matter. He stated that rejection of the variance would present unnecessary hardship to the applicant, and he did not believe that approval of the variance threatens Measure A. He stated that it appears the applicant's contractor will be allowed to go into default and no recovery is expected by the applicant due to the other complaints pending against the contractor. Mr. Silva also pointed out that the applicant had not personally signed the building plans but that the contractor had signed the applicant's name. The following additional speakers voiced opposition to the appeal: Fred Ramos, 4014 Walnut Street, applicant's brother; Lindy Ramos, 1710 Grand Street, applicant's sister-in-law; and Thomas Ramos, 1705 Pacific Avenue, applicant's brother. President Diament closed the public portion of the appeal. In response to concerns that had been raised, the City Manager and Public Works Director explained that City staff had not been responsible for any negligence in connection with the building plans; the contractor did not deviate from the approved plans until the project was near completion. Inspection at that point revealed the contractor's failure to adhere to the original plans, and this was what resulted in the variance request when staff intervened. Councilmembers discussed concerns regarding housing density in the City and the illegal construction of living units. Council reviewed the merits of the Planning Board's action and concluded that the finding of hardship by the Planning Board is not supported by the record. Councilmember Monsef moved that Council reject the variance approved by the Planning Board and reverse the Board's decision based upon the fact that the Board's finding of hardship is not supported by the record. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. The Council recessed briefly at this time. August 6, 1985 558 85 -472 Consideration of Appeal of Planning Board decision to approve Planned Development Amendment PDA -85 -2. Appellant: John Barni, Jr. The Planning Director summarized information as contained in his written report concerning this item. The Planning Board approved a temporary use permit for a five -year period to allow the Harbor Bay Realty to remain on the site, which is zoned for a church or community center use. President Diament opened the public portion of the appeal. Appellant John Barni, Jr., Shaw & Lunt, 875 Island Drive, recited background information regarding the establishment of this use on the site. He objected to the sign for Harbor Bay Realty, noting that it is the only commercial sign on Island Drive. Mr. Barni stated that allowing the use in this location is unfair to other real estate offices which are located in the shopping center and are subjected to the sign regulations for the shopping center. The following additional speakers supported Mr. Barni's appeal: Marie Kane, 92 Steuben Bay, owner, Kane and Associates; Linda Pritchard, 3263 San Jose Avenue; Jane Fredrich, 1247 Hawthorne, Shaw & Lunt; Fred Scullin, 1120 Chestnut Street; Edward Gustely, 2823 Bayview Drive, First Christian Church; Reverend Sue Schlagel, 1720 Tregloan Court, First Christian Church; and Barbara Thomas, 1118 Paru Street. Speaking in opposition to the appeal were the following individuals: Dennis Pagones, representing Harbor Bay Realty, 801 Island Drive, tated that the community supports the temporary use for a period of five years. He indicated that the sign conforms with the City's Sign Ordinance. Mr. Pagones contended that the arguments against the use were based on business competition, and he stated that there was no new evidence and that Council should uphold the Planning Board's decision. Michael Duca, 301 Holly Oak; President, Baywood Village Homeowners Association, and Vice President, Community of Harbor Bay Isle. President Diament closed the public portion of the appeal. Councilmember Corica offered a motion that the Harbor Bay Realty sign be removed from the roadway, that the time limit for the temporary use be reduced from five years to two years without possibility of extension; and that within the two -year period, any church wishing to locate there be given first priority. August 6, 1985 559 President Diament commented that it appeared there was a greater possibility of a community center being established at this location. Councilmember Corica stated that he believed first priority should be given to a church. President Diament stated that she could agree to a shorter time period for the temporary use, but she did not concur that the sign should be removed. Councilmember Lucas indicated a concern with giving first priority to a church or community center in that Harbor Bay Isle would control the price of the property. Councilmember Corica's motion was not seconded. The following motion was substituted: It was moved by Councilmember Hanna, and seconded by Councilmember Lucas, that the Planning Board's approval be upheld, with a change in conditions to limit the temporary use to a two-year, non-extendable period. The motion carried by unanimous voice vote - 5. Note: It was moved by Councilmember Hanna, and seconded by Councilmember Monsef, that the Council meeting be extended to an indefinite time. The motion carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS From President of the Social Service Human Relations Board recommending reduction of the size of the Board. This item was removed from the agenda at the request of the Social Service Human Relations Board. 85-473 From Chairman of the Historical Advisory Commission concerning potential grants available for the rehabilitation of the existing Main Library planning alternative. David Plummer, 1401 High Street, Chairman, Historical Advisory Commission (HAC), referred Council to HAC's letter dated July 25, 1985, providing information regarding potential grants. Mr. Plummer stressed that it would be necessary for the City to apply for a grant by November 1, 1985, and he urged that this be done. President Diament inquired whether the Library Building could qualify as a historical building without specifically designating the use for a library. Mr. Plummer responded that the grants are awarded on the basis of a point system, and significant points would be awarded if the application were made for continued use of the building as a library. President Diament stated that she would not want to make an application that would place the City in a position of being required to utilize the building as the library site. August 6, 1985 56 Councilmember Lucas moved that Council send the grant announcement to the Library Board and have them provide their comments to Council by September in order that the November 1 deadline can be met. The motion was seconded by Councilmember Hanna, and carried by unanimous voice vote - 5. 85-474 From Chairman of the Historical Advisory Commission regarding their review of Application No. E333 for City Hall renovation. President Diament commented that Council had read the report submitted by the Historical Advisory Commission (HAC). Woody Minor, HAC Member, made himself available to respond to any questions on behalf of Councilmembers. President Diament stated that she would like to have the architect's response to the issues raised by the HAC, and it was noted the architect has been on vacation. Councilmember Monsef moved, and Councilmember Lucas seconded the motion, that the report be accepted. The motion carried by unanimous voice vote - 5. 85-474(a) From Chairman of the Rent Review Advisory Committee regarding Case No. 114, 2158 Central Avenue. It was moved by Councilmember Corica, and seconded by Councilmember Monsef, that the report be accepted (no action required). The motion carried by unanimous voice vote - 5. 85-475 From Police Chief regarding the Canine Program. Jack Fink, 2137 Otis Drive, spoke in support of the Police Chief's recommendation that the Canine Program not be reactivated. He referred to the problems associated with the program and noted that the City could borrow animals from other jurisdictions on the few occasions when such are needed in Alameda. Councilmember Corica stated that he still supported reactivating the Canine Program and was of the opinion that the dogs would benefit the Police force and enhance the safety of the community. He indicated that he hoped that program can be reactivated at some time in the future. Councilmember Monsef moved, and Councilmember Lucas seconded the motion, that the report and recommendation from the Police Chief not to reactivate the Canine Program be accepted. The motion carried by unanimous voice vote - 5. August 6, 1985 561 RESOLUTIONS 85-476 Resolution No. 10701 "Approving Joint Powers Agreement to establish the NIMDOTS Agency in conjunction with the Cities of Oakland, San Leandro, Hayward, County of Alameda and Port of Oakland, and authorizing execution thereof." Councilmember Monsef concurred with Councilmember Hanna's concern that the Park District was not included in the study. Councilmember Hanna asked why the East Bay Regional Park District was not involved in this study. The City Manager explained that the purpose of the study is to do an analysis of transportation, and it does not deal directly with recreational issues. However, the views of Cal Trans, the Park District and other related entities will be solicited although they will not be participants of the study. Fred Scullin, 1120 Chestnut Street, objected to use of the term "NIMDOTS" which he believed does not reveal the purpose of the study. (NIMDOTS is the Nimitz-Doolittle Transportation Study.) He indicated concern that the Park District had not been included in the committee. Councilmember Hanna moved for adoption of the resolution, and the motion was seconded by Councilmember Lucas. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-477 Resolution No. 10702 "Authorizing Request for Proposal for construction of fencing of Mif Albright Par 3 Golf Course and directing City Clerk to advertise same." Councilmember Hanna moved for adoption of the resolution, and Councilmember Monsef seconded the motion. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. 85-478 Resolution No. 10703 "Authorizing execution of Consent to License by Alameda Gateway, Ltd. in favor of Northern California Power Agency for purposes of ingress and egress." 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 Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. UNFINISHED BUSINESS 85-479 Consideration of nomination for appointment to the Planning Board. President Diament nominated Arthur Whitehair for appointment to the Planning Board, and the nomination was seconded by Councilmember Lucas, and carried by unanimous voice vote - 5. August 6, 1985 5 62 NEW BUSINESS 85-479(a) President Diament announced the resignation of Alice Wistort from the Rent Advisory Committee and asked for suggestions from Councilmembers regarding appointment of a replacement on this committee. ADJOURNMENT There being no further business to come before the Council, President Diament adjourned the meeting at 11:45 p.m. The next regular Council meeting was scheduled for August 20, 1985. Respectfully submitted,. kya,t, ,f c Diane B. Felsch City Clerk August 6, 1985