1984-11-20 Regular CC Minutes395
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY NOVEMBER 20, 1984
The meeting convened at 7:30 p.m. (at the conclusion of the Community Improvement
Commission Meeting) with President Diament presiding. The Pledge of Allegiance was
led by Councilmember Gorman. The Invocation was given by Reverend Leo Hartshorn,
of Immanuel Baptist Church.
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and President
Diament - 5.
Absent: None.
MINUTES
Councilmember Hanna motioned, seconded by Councilmember Lucas, that the Minutes
of the Reguar Council Meetings of September 18, and October 2, 1984, be approved
as submitted; the motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
Councilmember Lucas motioned, seconded by Councilmember Monsef, to approve the Consent
Calendar; the motion carried by unanimous voice vote - 5.
President Diament noted Resolution 11, accepting dedication of Marina Village Parkway
as a public street, is being held over.
Councilmember Hanna mentioned that there is an obsolete connection at the northwest
corner of the property noted in Item 1 -E of the Consent Calendar, and directed the
Public Works Director to make it into a legal, up -to -date connection.
Items so enacted or adopted are indicated by an asterisk ( *)
REPORTS AND RECOMMENDATIONS
* 84 -879 From Public Works Director recommending acceptance of work by Kutches Tree
Company for pruning City street trees. Approved.
* 84 -880 From Public Works Director recommending acceptance of work by Bepco, Inc.
for drainage improvement on Webster Street, Taylor Avenue to Santal Clara Avenue,
P.W. 6- 84 -17. Approved.
* 84 -881 From Planning Director suggesting the Council set a hearing date of
December 4, 1984, for proposed amendment to the Alameda Municipal Code (Zoning Ordinance)
adding Section 11- 14B13(v) relating to erection of Neighborhood Crime Watch Signs.
Approved.
RESOLUTIONS
*84 -882 Resolution No. 10478 "A resolution adopting Plans and Specifications for
Willow Street /Franciscan Way Sanitary Pump Station and Force Main, calling for bids
and directing City Clerk to advertise same. Adopted.
* 84 -883 Resolution No. 10479 "A resolution approving Parcel Map No. 4123 for division
of property at 2201 -03 Lincoln Avenue, permitting recording thereof and finding said
Parcel Map consistent with City's General Plan (Richard De Glymes De Hollebecque,
Owner). Adopted.
396
* 84 -884 Resolution No. 10480 "A resolution authorizing execution of personal
services agreements :14ith two Civil Engineers for engineering services relating to
development projects. Adopted.
* 84 -885 Resolution No. 10481 "A resolution authorizing execution of agreement with
George Hills Company, Inc. for liability claims adjusting and administration." Adopted.
FINAL PASSAGE OF ORDINANCES
* 84-886 Ordinance No. 2217, N.S. "Ordinance amending the Alameda Municipal Code by
amending subsections of Section 3 -1274 thereof relating to interest charges for non-
payment of Utility Users Tax." Finally adopted.
BILLS
*84 -887 An itemized List of Claims, certified by the City Manager as correct, was
approved in the amount of $907,037.80.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
84 -888 From Warren Wildman, 1024 Fontana Drive, inquiring about the Alameda Municipal
Golf Course green fees policy.
Councilmember Gorman motioned, seconded by Councilmember Monsef, that
staff forward both reports from the Recreation and Parks Department to Mr. Wildman
and acceptance of the communication; motion carried by unanimous voice vote - 5.
From John Barni, Jr., Shaw & Lunt, Inc., regarding the disposal of the
Portola Triangle.
William Hillery, 660 Westline Drive, stated the proposal to purchase and
develop the Portola Triangle should be rejected as inappropriate.
Councilmember Lucas motioned, seconded by Councilmember Monsef, acceptance
of the communication and holding it until the appraisal and rezoning occurs; motion
carried by unanimous voice vote - 5.
HEARINGS
84 -889 Hearing regarding Marina Village Assessment District 84 -3. President
Diament noted the hearing had been continued again by agreement by all parties to
December 4, 1984.
APPEALS
84 -890 From Daniel Reidy, Attorney for Driftwood Investors, appealing the decision
of the Planning Board in denying application CCA -84 -1, an amendment to a 1980 condition
requiring all units be owner - occupied. (Held over from November 6, 1984)
The City Attorney stated the appeal is an application to amend an older Planning Board
approval for a condominium conversion, and there is a request to supplement the record
for the inability at the time of the hearing with the Planning Board to present the
evidence. The applicant states the staff report was not received in time to present
the rebuttal to the Planning Board and would like to present it as part of the Appeal.
November 20, 1984
397
Councilmember Lucas motioned, seconded by Councilmember Gorman, the applicant be
permitted to present the additional evidence; Councilmember Hanna responded he would
suggest it go back to the Planning - Board.
Councilmember Monsef concurred with Councilmember Hanna. Councilmember Gorman stated
Council should hear the new evidence, and then decide whether or not to send it back
to the Planning Board.
President Diament stated a motion was before Council; the motion carried by the
following vote: Ayes: Councilmembers Gorman, Hanna, Lucas and President Diament - 4.
Noes: Councilmember Monsef - 1. Absent: None.
Mr. Daniel Reidy stated the minutes do not accurately reflect what went on in the
hearing, and felt there was a problem on the record before Council. Mr. Reidy added
the whole issue should be opened up.
The Planning Director noted the Planning Board was comfortable with the minutes as
summary minutes.
Councilmember Lucas motioned that Mr. Reidy be permitted to make the presentation
before Council. Motion failed for lack of a second.
The Planning Director suggested if Council feels they do not have an adequate record
to hear the matter on, perhaps it would be best to send it back to the Planning Board.
Councilmember Gorman motioned, seconded by Councilmember Hanna, that the matter be
referred back to the Planning Board for further action; motion carried by the following
vote: Ayes: Councilmembers Hanna, Lucas, Monsef and President Diament - 4. Noes:
Councilmember Gorman - 1. Absent: None.
REPORTS AND RECOMMENDATIONS
84 -891 From City Attorney regarding an amendment to the City of Alameda Ordinance
No. 2201, N.S., relating to the location of Packaged Liquor Stores.
Councilmember Lucas stated she had asked the City Attorney to draft the ordinance
for review by the Planning Board, and requested Planning Director to geographically
draw a line extending 6th and 8th Streets to Atlantic Avenue.
President Diament inquired why the ordinance should be limited to any one area.
Councilmember Lucas responded her concern was restricting liquor outlets where
the City does not have a problem with heavy concentration.
Councilmember Lucas motioned, seconded by Councilmember Hanna, to pass the matter to
the Planning Board with two versions of the last section (Section H -5): one delineating
a district and another version applying it City wide; motion carried by unanimous voice
vote - 5.
RESOLUTIONS
President Diament announced Items 7 and 8 would not be heard this evening.
Resolution No. "A resolution overruling protests (Marina Village
Assessment District 84-3777-Hearings, Item No. 4)
Resolution No. 'A resolution determining convenience and necessity,
adopting Engineer's Report, confirming the Assessment and ordering the work and ac-
quisitions, directing recording and filing of Assessment, Assessment Diagram and Notice
of Assessment (Marina Village Assessment District 84 -3). (Hearings, Item No. 4)
398
84 -892 Resolution No. 10482 "A resolution authorizing reprogramming of Ninth and
Tenth Year Community Development Block Grant funds." Adopted.
The following persons spoke:
Joyce M. Denyven, 305 Court Street
James D. Mari, 1240 Pease Avenue
John Guidici, 1035 Via Bonita
Frank I. Alliger, 1232 Pease Court.
Councilmember Lucas noted $235,000 will be spent on new low- income housing and inquired
as to how many units. The City Manager responded the funds are for scattered - sites,
substantial rehabilitation and will complete the additional ten units contemplated
in the Third Year of the City's housing action program.
Councilmember Hanna motioned, seconded by Councilmember Gorman, Council authorize the
reprogramming of the $531,290.00 in Ninth and Tenth Year funds to the projects and
activities as listed in the staff report by the Community Development Director; the
motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna and
President Diament - 3. Noes: Councilmembers Lucas and Monsef - 2. Absent - None.
Councilmember Monsef stated he opposed the motion for two reasons: 1) the belief that
the cut of $73,500.00 to the Senior Center could jeopordize their programs and
other plans for improvement of the Center, and 2) the funding of $235,000.00 to
create additional subsidized housing is something he has always opposed. Councilmember
Lucas stated she agreed with Councilmember Monsef's reasoning, and opposed the motion
also
Councilmember Gorman commented that the City is committed to meeting those housing
goals.
84-893 Resolution No. 10483 "A resolution of the City Council of the City of Alameda
consenting to and calling a Joint Public Hearing on the proposed amendment to the Plan
of theWest End Community Improvement Project."
Councilmember Lucas motioned, seconded by Councilmember Monsef, that the resolution
be adopted; the motion carried by the following vote: Councilmembers Gorman, Hanna,
Lucas, Monsef and President Diament - 5. Noes: None. Absent: None.
84 -894 Resolution No. "A resolution accepting dedication of Marina Village
Parkway as a public street."
President Diament announced the item was being held over at the request of Vintage
Properties.
84 -895 Resolution No. 10484 "A resolution awarding contract to Electronic Innovations,
Inc. for Police Administration Building Security Fence and Gates, and authorizing
execution of same."
Councilmember Gorman motioned, seconded by Councilmember Lucas, 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.
November 20, 1984
399
84 -897 Resolution No. 10485 "A resolution approving execution of Joint Powers
Agreement for the formation of the Transmission Agency -of Northern California."
Councilmember Hanna posed questions regarding the material (Public Utilities Board
resolution, Joint Powers Agreement, and the City Attorney's memorandum) presented to
Council, and expressed a desire that the matter be held over for further analysis.
After some discussion, the General Manager of the Bureau of Electricity stated if
the Council did not take action today, the City could exclude itself from access
to Northwest energy.
Councilmember Monsef stated the Northwest at one time was the source of all kinds
of power, however they are cutting back long -term planning.
President Diament stated Council must depend on the people who have studied it and
have been looking into the future for the energy we are going to need.
Councilmember Monsef stated he agreed with Councilmember Hanna that he did not like
a five -day notice to make a major decision.
The City Attorney noted the agreement is not a vehicle for building, owning or buying;
it is a vehicle to get people together.
Councilmember Lucas suggested Council agree to review the Agreement with the view of
giving notice to leave the Joint Powers Agreement, and set a time period of six months.
Councilmember Gorman motioned, seconded by Councilmember Lucas, adoption of the
resolution, and add a provision the Joint Powers Agreement come back before Council
in June, 1985; motion carried by the following vote: Ayes: Councilmembers Gorman,
Lucas and President Diament - 3. Noes: Councilmembers Hanna and Monsef - 2.
Absent: None.
INTRODUCTION OF ORDINANCES
$4 -898 Ordinance No. , N.S. "An Ordinance amending the Alameda Municipal Code
by amending Chapter 5 of Title XVII thereof to establish application procedures for
terminal services access for interstate trucks."
Councilmember Hanna motioned, seconded by Councilmember Lucas, introduction of the
ordinance based upon the new draft; the motion carried by the following vote:
Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5.
Noes: None. Absent: None.
84- 899 Ordinance No. , N.S. "An ordinance amending the Alameda Municipal Code
by adding Article 3 to Chapter 4 of Title XI thereof relating to the rehabilitation,
remodeling or alteration of existing structures."
The following persons spoke:
George V. Carder, 1515 Versailles Street
Alice A. Challen, 2601 La Jolla Drive
Chuck Corica, 1000 Post Street
Joseph M. Sullivan, 3221 Liberty Avenue
Barbara M. Thomas, 1118 Paru Street
Maitland McKenzie, 716 Paru Street
Edward J. Murphy, 2618 Janis Circle.
on 'non
400
The City Attorney stated Measure A does not have to be interpreted to deal with the
problems expressed by Mr. Corica and others. He added the ordinance drafted at the
request of Councilmember Lucas deals with the problems. It states clearly you cannot
have more than two units in an existing building that doesn't already have more than two
units.
Councilmember Lucas stated she did not feel the voters in Alameda wanted more than two
units per building, and it was affirmed by the recent vote on Measure C. She also stated
she believed the people in Alameda do not want to increase the high density which
already exists.
Councilmember Hanna noted he thought it would be an oversimplification to try to limit
every building to just two dwelling units.
Councilmember Monsef stated he felt Council should give some direction to the staff that
no permit should be issued for more than two units.
Councilmember Lucas stated she sees the ordinance, after hearing comments by the Council
and staff, as the only solution to limit remodeling to two units.
In response to Councilmember Hanna, Mr. Corica stated the ordinance takes away the
simplicity of Measure A, which was the intent of the measure.
Councilmember Lucas motioned, seconded by Councilmember Hanna, to introduce the
ordinance; the motion carried by the following vote: Ayes: Councilmembers Hanna,
Lucas, and Monsef - 3. Noes: Councilmember Gorman and President Diament - 2.
Absent - None.
NEW BUSINESS
84-900 Consideration of appointment to the Social Service Human Relations Board.
President Diament stated she was deferring the appointment so that the Social Service
Human Relations Board can discuss how they would like to see the Board constituted
for inclusion of disabled representation.
84 -901 President Diament noted receipt of a letter from the Alameda County Mosquito
Abatement District requesting the reappointment of Councilmember Hanna, and she asked that
a resolution be placed on the next Council Meeting agenda.
FILING
84 -902 Two Civil Engineers' personal services agreements
Joint Powers Agreement for formation of the Transmission Agency for Northern
California.
ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 10:15 p.m. The next regularly scheduled meeting will be held Tuesday,
December 4, 1984, at 7:30 p.m.
Respectfully submitted,
ALT
Diane Felsch
Acting City Clerk
November 20, 1984