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1985-10-15 Regular CC Minutessoy REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - OCTOBER 15, 1985 The meeting convened at 7:36 p.m. (at the conclusion of the Community Improvement Commission) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Doug Henderson (retired) gave the Invocation. ROLL CALL: Present: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Councilmember Monsef moved for approval of the minutes of the special Council meeting held September 30, 1985, and the regular Council meeting held October 1, 1985; Councilmember Hanna seconded the motion. Minutes of September 30, 1985, were approved with four ayes; Councilmember Lucas abstained due to her absence from that meeting. Minutes of October 1, 1985, were approved by unanimous voice vote - 5. CONSENT CALENDAR Councilmember Lucas moved for adoption of the Consent Calendar with the exception of two items that were transferred to the regular calendar at the request of a citizen; Councilmember Hanna seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *85 -602 From Finance Director on City's Investment Portfolio as of September 30, 1985. Approved. *85 -603 From Recreation and Parks Director recommending acceptance of work done by R. L. Enterprises for the construction of Phase II, Mastick Senior Center, P.W. No. 8- 84 -22. Approved. RESOLUTIONS *85 -604 Resolution No. 10743 "Authorizing execution of agreement with Alameda Marina Village Associates for Project Administrative Services, Assessment District 84 -3." Adopted. *85 -605 Resolution No. 10744 "Awarding contract to O. C. Jones and Sons for Assessment District 84 -3, Marina Village Parkway, 'Challenger Drive' and Atlantic Avenue, Project No. 3, and authorizing execution thereof." (P.W. No. 9- 85 -31.) Adopted. *85 -606 Resolution No. 10745 "Authorizing execution of agreement with Pacific Bell for construction of telephone facilities within Harbor Bay Business Park, Assessment District 84 -4." Adopted. October 15, 1985 606 *85-607 Resolution No. 10746 "Adopting Plans and Specifications for landscape improvements for Parcel 3, Parcel Map 4507, Assessment District 84-4, Harbor Bay Business Park, calling for bids and directing City Clerk to advertise same." (P.W. No. 7-85-22.) Adopted. *85-608 Resolution No. 10747 "Rejecting all bids for traffic signal modification at the intersection of Lincoln Avenue/Marshall Way and Fifth Street, P.W. No. 8-85-30, and authorizing the Public Works Director to negotiate in the open market for the construction of said Project." Adopted. *85-609 Resolution No. 10748 "Awarding contract to George E. Masker, Inc. for painting hallways of the City Hall and authorizing execution thereof, and appropriating General Fund monies for required additional funding of the Project." (P.W. No. 7-85-21.) Adopted. *85-610 Resolution No. 10749 "Authorizing execution of a Lump Sum Operating Agreement with Security Pacific National Bank." Adopted. *85-611 Resolution No. 10750 "Authorizing open market purchase of equipment for the Golf Course Division of the Recreation and Parks Department." Adopted. *85-612 Resolution No. 10751 "Authorizing open market purchase of a mower for the Golf Course Division of the Recreation and Parks Department." Adopted. *85-613 Resolution No. 10752 "Authorizing open market purchase of a vehicle for the Parks Division of the Recreation and Parks Department." Adopted. *85-614 Resolution No. 10753 "Authorizing open market purchase of a service vehicle for the Recreation Division of the Recreation and Parks Department." Adopted. *85-615 Resolution No. 10754 "Authorizing extension of agreement with Sight and Insight for sublease of Room 108 of the Mastick Senior Center Complex." Adopted. *85-616 Resolution No. 10755 "Adopting Plans and Specifications for contracting of landscape maintenance of the Island City Landscaping and Lighting District, Assessment District 84-2 (Harbor Bay Business Park Zone 5), calling for bids and directing City Clerk to advertise same." Adopted. *85-617 Resolution No. 10756 "Rejecting all bids for the renovation of Krusi Park 'Tot Lot' and authorizing negotiation on the open market for construction of said Project." Adopted. *85-618 Resolution No. 10757 "Authorizing execution of an agreement with the State of California Department of Boating & Waterways for improvement of facilities at the Alameda Boat Ramp and Fishing Facility." Adopted. October 15, 1985 607 *85 -619 Resolution No. 10758 "Awarding contract to Anchor Fence Company of San Leandro for fencing Mif Albright Par 3 Golf Course and authorizing execution thereof." Adopted. BILLS *85 -620 A List of Claims, certified by the City Manager as correct, was approved in the amount of $7,147,341.25. RETURN TO REGULAR AGENDA Councilmember Monsef moved that the following two items be taken out of order at this time; the motion was seconded by Councilmember Hanna, and carried by unanimous voice vote - 5. RESOLUTIONS 85 -621 Resolution No. 10759 "Reappointing Arnold S. Davis a member of the Golf Commission." 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 -622 Resolution No. 10760 "Reappointing Frederick W. Leitz, Jr. a member of the Recreation Commission." Councilmember Hanna moved, and Councilmember Corica seconded the motion, 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. The City Clerk administered the Oath of Office to Mr. Davis. (Mr. Leitz was not present.) WRITTEN COMMUNICATIONS 85 -623 From Ervin Maslonkowski, 317 Spruce Street, opposing improvement of Spruce Street as proposed. Councilmember Hanna moved that this item be considered in conjunction with the following hearing; motion seconded by Councilmember Lucas, and carried by unanimous voice vote - 5. HEARINGS 85 -624 Hearing to overrule protests and ordering street improvements on Spruce Street east of Third Street. The Public Works Director noted that Council had adopted a resolution of intention to require the proposed street improvements and set the hearing for August 20, 1985. The hearing was opened at that time and continued to October 15, 1985, to allow time for possible redesign. In the interim, meetings have been held with property owners; and the Public Works Director stated the revised design is acceptable to the majority of property owners. October 15, 1985 608 President Diament called for comments from proponents; there were none. On the call for opponents, the following speakers addressed Council: Ervin Maslonkowski, 317 Spruce Street; Woody Minor, 1432 Benton Street; and Ludean Oviatt, 312 Spruce Street. Major concerns expressed by property owners were in regard to the financial burden. Mr. Minor addressed the historical significance of the neighborhood. The public hearing was closed. Councilmember Hanna suggested that specific interest rates and terms be included in property owners' agreements. Councilmember Corica commented that this street has been a problem for many years; he did not believe the street width should be compromised because of an existing building. It was Councilmember Corica's hope, however, that better financial arrangements could be made for property owners. He urged that staff carefully evaluate costs, but he stated the street should be improved. Councilmember Lucas emphasized that the historical building in question would be preserved even though a portion of it would be removed and relocated. It was moved by Councilmember Hanna, and seconded by Councilmember Monsef, that the resolution pertaining to this matter be taken cut of order at this time. The motion carried by unanimous voice vote - 5. RESOLUTIONS 85-625 Resolution No. 10961 "Overruling objections to notice to construct street improvements on Spruce Street east of Third Street and authorizing Superintendent of Streets to cause said work to he performed. Councilmember Hanna moved, and Councilmember Monsef seconded thn motion, that the resolution be adopted. The motion carried as follows: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None. Absent: None. Councilmember Hanna moved that assistance be made available to the property owners who are unable to pay at this time by allowing them to enter into an agreement with the City to pay for their improvements at the time of transfer or sale of their property, plus the accrued interest at the rate of 7 percent based upon the increase in the value of their property between the County Assessor's value of March 1, 1986, and the new assessment after the transfer of the property. Councilmember Monsef seconded the motion, clarifying that the 7 percent is an annual rate. The motion carried by unanimous voice vote - 5. October 15, 1985 60 APPEALS 85-626 Appeal of Planning Board decision to deny Variance V-85-20 at 812 Taylor Avenue to permit an existing house to be raised 3 feet. Appellant: Michael Rombs. The Planning Director reviewed the facts pertaining to this application. The application was denied by the Planning Board based on the finding that the proposed intensity of development would result in inadequate usable, private open space for each living unit. Councilmember Lucas commented she was concerned that granting the requested variance may increase density, when City-wide downzoning to R2 is being contemplated. The Planning Director clarified that the variance would not technically allow any increase in density, but would allow the applicant to utilize the maximum density now permitted on the site. Under the current zoning, the Planning Director stated the applicant could construct a duplex at the rear of the property without the need for a variance to do so. Councilmember Corica remarked that Measure A had, in fact, downzoned the City to R2. He stated he was not interested in creating additional density if the actual square footage required is not available to accommodate the project. At President Diament's request, the City Attorney explained the appeal process. He stated that speakers should argue from the record of the Planning Board as to whether or not that record supports the Planning Board's action. President Diament opened the issue to public comment. Michael Rombs, 2521 Otis Drive, applicant and appellant; and Charles Dennis, 1455 Los Velinos, Walnut Creek, the architect for the project; spoke in support of the appeal. The architect stated that the Planning Board found the project to be satisfactory but based their denial on the concern that open space was inadequate. Mr. Dennis emphasized that all open space requirements have been met, and he did not believe this information had been made clear at the Planning Board meeting. Mr. Dennis also pointed out that the current Zoning Ordinance would permit construction of four units on the site without the need for a variance application. The variance was requested in order to upgrade the project and preserve an existing victorian house on the property. Mr. Dennis stressed that the neighbor to the right who would be most affected is in favor of the project; there is a five-unit apartment building to the left. The following speakers opposed the appeal: David Baker, 939 Taylor Avenue; and Leonard Stanton, 931 Taylor Avenue. President Diament closed the public portion of the appeal. Councilmember Lucas expressed concern regarding the lack of parking for the number of units proposed due to existence of the first unit prior to current parking space regulations. Staff clarified that no parking variance would be required in connection with the proposal. October 15, 1985 610 Councilmember Lucas questioned staff's interpretation of the Ordinance, and she stated she did not believe this many units sh-Yald be added when there is inadequate parking for the original unit. In response to Councilmember Monsef's inquiry, the Planning Director clarified that open space requirements for the front upper unit would not technically be met since the open space there would be used for access. According to staff's calculations, the minimum required open space is available at the ground level. However, it was the distribution of the open space to the units that was of concern to the Planning Board. Councilmember Lucas noted that the basement (previously used as :n apartment) has a 6-foot-high ceiling, and she questioned that this could be used as a living unit. The City Manager clarified thlt adherence to the Uniform Building Code is required when substandard conditions are found. The Planning Director noted that raising the building to accommodate the required ceiling height requires the requested variance. Councilmember Corica moved that Council uphold the Planning Board decision to deny the variance based on the finding that the intInsity of development would result in inadequate private, usable open npace. Councilmember Lucas seconded the motion, which carried by the following vote: Ayes: Councilmembers Corica, Lucas and Monsef - 3. Noes: Councilmember Hanna and President Diament - 2. Absent: None. President Diament opposed the motion because the project was supported by the immediate neighbor, and she believed it would he a good addition to the neighborhood. Councilmember Hanna questioned that the finding of inadequate opn space was appropriate if the City's open space requirements were met. The City Attorney explained that the term "open space" as cited in the finding is more general than the technical definition of open Bpe in the Zoning Ordinance. The Planning Director added that the P1-,nning Board's concern was that the distribution of the open space would favor the new rear duplex almost to the exclusion of the front 117it. REPORTS AND RECOMMENDATIONS 85-627 1984-85. From City Manager regarding Program Performance Reviey The City Manager stated that goals and objectives are submitted by each department as a part of the regular budget process, along with a progress report in relation to specific goals. He noted that a strategic planning process is being developed. Fred Scullin, 1120 Chestnut Street, expressed the opinion that the report may not represent an objective critique of performance. He raised three specific issues: (1) Page 1, City Manager's Objective No. 1, regarding economic development. Mr. Scullin stated that particular emphasis has not been placed on historical business districts, but has been concentrated on new major developments. (2) Page 36, Library Objective No. 2, regarding Library hours. Mr. Scullin questioned that this objective has been achieved as indicated, stating that the Library is open few hours in the October 15, 1985 (3) 6 1 1 week. Page 37, Community Development Objective No. 4, concerning revitalization of downtown and neighborhood commercial areas. Mr. Scullin stated that not much has been done for historical preservation in the downtown area. He was concerned regarding plans to redecorate the interior of the Masonic Hall. He also suggested that efforts continue to preserve original street lights. With respect to economic development, Councilmember Corica observed that it is easier to plan new developments; and it is more difficult to become involved with existing, privately owned buildings although the City is attempting to move in that direction. President Diament cited examples of historical preservation, such as the Main Street Economic Development Program and through the Historical Advisory Commission. Councilmember Lucas expressed appreciation for staff's efforts, particularly the downzoning project. She inquired when Sign Ordinance enforcement efforts would be undertaken. Staff explained that an additional staff position has been approved for the Planning Department and will include responsibility for enforcement. Councilmember Monsef referred to Page 28, Public Works Objective No. 4, to replace street name signs. He also inquired as to the status of parking control signs for street sweeping. The Public Works Director noted that new street name signs have been ordered and installation will commence when they are received. A program has been instituted by posting signs to request no parking at certain times in some locations to accommodate street sweeping; the program will be made mandatory if voluntary efforts are not successful. Councilmember Corica moved that Council accept the report; the motion was seconded the Councilmember Hanna, and carried by unanimous voice vote - 5. 85-628 From Community Development Director regarding Three-Year Housing Assistance Plan. Councilmember Corica stated that he is in agreement with plans to rehabilitate existing housing but is opposed to a plan which would increase the housing stock in Alameda. Councilmember Corica also noted that the plan indicates special consideration will be afforded to senior citizens, and he questioned that senior citizens' needs have been neglected in the past. President Diament clarified that lower income senior citizens are being priced out of rental housing, and it is intended to look more specifically at their needs. The City Manager added that this plan will be aimed toward smaller housing units as opposed to larger family units as in the past and will, therefore, be better targeted to senior citizen housing needs. October 15, 1985 612 Councilmember Lucas concurred with concerns expressed by Councilmember Corica and stated that Alameda provides a very 1:.cth percentage of housing to low-income people. Councilmember Lucas offered a motion that the proposed plan not be followed, and Councilmember Corica seconded the motion. The Community Development Director explained that the City is required to file a Housing Assistance Plan. She suggested that if Council opposes the plan prepared by staff, an alternate plan YP approved. This plan could consist of the stated goal of 31 owner-occupied single-family units (rehabilitation of existim units), plus the 25 renter rehabilitated units which are in existing small rental buildings (adding no additional units), and adding cix units that Council has committed to Alameda Marina Village Assacates. Councilmember Lucas withdrew her original motion, with concurrence of Councilmember Corica who had seconded the motion, and moved that the Housing Assistance Plan be amended to eliminate 31 additicriLl units; Councilmember Corica seconded the revised motion. The mGtion carried by unanimous voice vote - 5. Note: Council recessed briefly at this time. RESOLUTIONS 85-629 Resolution No. 10762 "Approving the Application and the Project Agreement for Historic Preservation Grant Funds fo: the structural rehabilitation of the City Hall for Seismic Safety 1?roject from the California Park and Recreational Facilities Act of 1:14," Councilmember Hanna moved, and Councilmember Monsef seconded the motion, that the resolution be adopted. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Mcrsef and President Diament - 5. Noes: None. Absent: None. 85-630 Resolution No. 10763 "Approving the Application and -me Project Agreement for Historic Preservation Grant Funds for erxior rehabilitation of the Main Library Building from the California Park and Recreational Facilities Act of 1984." Councilmember Monsef moved for adoption of the resolution, and Councilmember Hanna seconded the motion. The motion carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Mcncef and President Diament - 5. Noes: None. Absent: None. 85-631 Resolution No. 10764 "Determining unpaid assessment and providing for issuance of bonds (second sale), Marina Village Assessment District 84-3." 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, Mcrcef and President Diament - 5. Noes: None. Absent: None. October 15, 1985 6 1 3 85-632 Resolution No. 10765 "Awarding sale of bonds, Marina Village Assessment District 84-3 (second sale)." Councilmember Hanna moved, and Councilmember Lucas seconded the motion, 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-:633 Resolution No. 10766 "Appointing an Election Board for Bay Farm Island Reclamation District No. 2105, General Election, November 5, 1985." John Barnard, legal counsel for the Reclamation District, was present to respond to any inquiries. Councilmember Hanna moved, and Councilmember Monsef seconded the motion, 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. Charles J. McNeil was appointed to serve as inspector and Joyce Harris and Robert Adams were appointed judges for the election of Trustees of Bay Farm Island Reclamation District No. 2105. The following resolutions were removed from the agenda: 85-634 Resolution No. "Approving agreement between the CitY and the Alameda Unified School District regarding payment of debt seivice requirements in relation to the Swimming Pool Rehabilitation Project." 85-635 Resolution No. "Authorizing acceptance of bids and awarding contract for the Swimming Pool Rehabilitation Project." 85-636 Resolution No. "Authorizing agreement between City and School District regarding maintenance and operations of the Alameda and Encinal Swim Centers." The following items were removed from the Consent Calendar: 85-637 Resolution No. 10767 "Approving Final Map of subdivision knoWn as Tract 5348 and accepting certain easements and rights of access (Heritage of Alameda, located south of Oleander Avenue and Melrose Avenue, The Alameda Associates, subdivider)." 85-638 Resolution No. 10768 "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision 5348 and approving bonds as to sufficiency (The Alameda Associates, subdivider) ." These items were removed from the Consent Calendar at the request of Fred Scullin, 1120 Chestnut Street, who noted that the staff report refers to the subdivider as A.M. Company, while the agenda indicates The Alameda Associates. Staff clarified that the subdivider was formerly known as The Alameda Associates, but the company name was changed to A.M. Company. October 15, 1985 6 1 4 Councilmember Hanna moved for adoption of the above two resolutions. Councilmember Monsef seconded the motion, which carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Moref and President Diament - 5. Noes: None. Absent: None. INTRODUCTION OF ORDINANCES 85-639 Ordinance No. , N.S. "Approving, authorizing and directing execution of certain lease financing documents, authnrizing and directing execution of purchase agreement, approving a preliminary official statement, and authorizing and directing certain actors with respect thereto in relation to the Swimming Pool Rehabilitation Project." (Emergency Ordinance.) The above proposed introduction of ordinance was removed from this agenda. 85-640 Ordinance No. 2251, N.S. "Authorizing the Transmission Agency of Northern California to issue revenue bonds, notes and other evidences of indebtedness. (Emergency Ordinance.) Edwin Dankworth, representing the Public Utilities Board, urged that Council adopt the ordinance. Councilmember Monsef moved that the ordinance be introduced and adopted as an emergency measure; the motion was seconded by Councilmember Corica, and carried by the following vote: Ayes: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. Noes: None, Absent: None. NEW BUSINESS 85-641 Councilmember Lucas referred to a letter addressed to Council from St. Joseph Basilica requesting permanent closure of Chestnut Street between the north side of San Jose Avenue and the south side of San Antonio. She suggested that this request be referred to the Traffic Advisory Committee for review and scheduled for a future Council agenda. Council concurred that the matter should be handled accordingly. 85-642 Councilmember Hanna addressed the issue of undergrounding priorities and asked if it is the intent that undergrounding should be accomplished during Spruce Street construction. He inquired if an undergrounding district would be required for that purpose. The Public Works Director explained the procedure that would be followed in connection with establishing an undergrounding district. Councilmember Lucas stated the whole matter is scheduled to come before the Council on November 5, 1985. The City Manager confirmed that there is adequate time to consider that issue in connection with improvement of Spruce Street. 85-643 Councilmember Corica noted that signs have been ordered and approved by the Police Department in connection with the Neighborhood Crime Watch Program. The Planning Department staff is reportedly of the opinion that there are too many signs, and the Police Department wishes to have as many of the signs as possible. October 15, 1985 6 1 5 Calicilmember Corica stated he was in support of the signs to offer protection to citizens. He requested that this matter be scheduled a Council agenda for discussion. President Diament concurred with Councilmember Corica and commented that perhaps the signs could be condensed. ADJOURNMENT There being no further business to come before the Council, President DILwent adjourned the meeting at 9:55 p.m. The next regular Coulicil meeting was scheduled for November 5, 1985. Respectfully submitted, 4 ir • -- Diane B. Felsch City Clerk October 15, 1985