1984-03-06 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY MARCH 6, 1984
The meeting convened at 7:30 P.M. with President Diament presiding. The Pledge of
Allegiance was led by Councilmember Monsef. The Invocation was given by Chaplain
011is J. Mozon, Jr., Naval Air Station.
ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef, and
President Diament - 5.
Absent: None.
MINUTES
Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the Minutes
of the Regular Council Meeting of February 7, 1984, be approved as submitted; the
motion carried by unanimous voice vote - 5.
CONSENT CALENDAR
President Diament announced that the ordinance quitclaiming property to Paul Wood, re-
lative to Fernside Extension (Excess property at Fillmore Street) would be withdrawn
from Consent Calendar for consideration later in the meeting.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the follow-
ing items on the Consent Calendar be adopted; the motion carried by the following
vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament -
5. Noes: None. Absent: None.
Items so enacted or adopted are indicated by an asterisk ( *).
REPORTS AND RECOMMENDATIONS
*84 -121 From Accounting Manager submitting Financial Summary Report for the period
ending January 31, 1984. Accepted.
*84 -122 From Public Works Director recommending acceptance of work performed by City
forces for Traffic Signal and Lighting System at Central Avenue and Ballena Boulevard/
Fourth Street, No. P.W. 6- 83 -13. Approved.
*84 -123 From Planning Director recommending a hearing be scheduled March 20, 1984,
for Tract 4402, which includes 128 single family lots and four open space lots on
24.4 acres at Bridgeway Road and Aughinbaugh Way. Approved.
INTRODUCTION OF ORDINANCES
*84 -124 Ordinance No. , New Series "Authorizing acquisition of property from
Patricia Huston and from Concord Theatre Co. and Syufy Enterprises relative to Pat-
ton Way." Introduced and passed to print.
FINAL PASSAGE OF ORDINANCES
*84 -125 Ordinance No. , New Series "Authorizing transfer by grant deed of
certain City -owned real property to Paul Wood, relative to Fernside Extension
(Excess property along Fernside Boulevard)."
March 6, 1984
+84-126 Ordinance N0, 2184" New Series "Authorizing transfer by quitclaim deed
Of certain City-owned real property to Paul Wood, relative to Fernside Extension
(Portions of Leandro Street, abandoned)." Finally adopted.
BILLS
*84-127 An Itemized List of Claims, certified by the City Manager as correct was
approved in the amount of t511,573.91.
RETURN TO REGULAR AGENDA
WRITTEN COMMUNICATIONS
84-128 From John Barni, Jr., Shaw & Lunt Realtors, recommending that the Council
accept donations from private citizens to provide landscaping on City-owned vacant
land adjoining Bay Farm Island Bridge.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the communi-
cation be accepted and the recommendation of the Recreation Director approved,that
staff explore both private and public funding sources and all possible uses for
this property to make it aesthetically pleasant and usable for vehicle and bicycle
parking and that staff work with citizens on the matter; the motion carried by
unanimous voice vote - 5.
HEARINGS
84-129 Hearing regarding override of the Airport Land Use Commission Policy Plan
as it relates to Tentative Map for Tract 4659, Silva Farms.
The Planning Director stated that the override was a specific issue not directly
related to design of the project but whether residential uses should be allowed
OD a small portion of the property. He also stated that the Planning Board recom-
mended override of the Airport Land Use Commission Policy Plan pursuant to certain
findings.
President Diament explained procedures to be followed in the hedring.
On the call for proponents, there were no speakers.
On the call for opponents, Fred Scullin, 1120 Chestnut Street, spoke in opposition
to the override stating that the report did not indicate how the suggested findings
had been established.
President Diament declared the public portion of the hearing closed.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the Council
override the Airport Land Use Commission Policy Plan based on findings in the staff
report for the small portion of Silva Farms, delineated on the map attached to
the staff report dated February 28, 1984; the motion carried by unanimous voice
vote - 5.
84-130 Hearing regarding Tentative Map 4659, Silva Far0S,
March 6, 1984
It was the consensus of the Council that the applicable resolution be considered in
conjunction with the hearing.
RESOLUTIONS
84-131 Resolution No. 10260 "Approving Tentative Map for Tract 4659, a residential
development on Bay Farm Island south of Oleander Drive between Melrose Avenue and
Magnolia Drive (E. J. Parish Organization and Ken H. Earp, Subdividers)."
The Planning Director stated that the plan is similar to the plan previously approved
by the Planning Board. He stated that the Planning Board addressed the issue of
moderate-income housing, and a condition relative to that issue had been included.
Councilmember Lucas stated that upon resale of the moderate-income units, the seller
could include the costs of capital improvements made to the property during ownership
in the selling price and expressed concern that there had been no limitations or
definitions established for the capital improvements.
President DiO0ent explained the procedures to be followed during the hearing.
On the call for proponents, Ed Parish, developer of the project, spoke in support
of the project and stated he opposed the requirement for six affordable housing
units. He requested that if the Council approves the six units that the sale
price of the six units to be sold to moderate-income families be set at 20% discount
Under market value. He also recommended that the initial landscaping and exterior
of the houses be completed by the developer, and the maintenance of the exterior
of houses and landscaping be the responsibility of all of the individual homeowners
with the provision that the homeowners' association reserve the right to perform
the maintenance if not up to standard and to lien the property for the cost.
On the call for opponents, the following persons spoke:
Fred Scullin, 1120 Chestnut Street
Pat McGrath, 1096 Melrose Avenue
After further discussion, Councilmember Gorman made a motion, seconded by Councilmember
Hanna that the resolution approving the Tentative Map for Tract 4659 be adopted
with the following revisions: 1) That the initial landscaping and exterior of
houses be completed by the developer, and maintenance of exterior of houses and
landscaping be the responsibility of all the individual homeowners with the provision
that homeowners' association reserve the right to perform the maintenance if not
Up to standard and to lien the property for the cost; 2) That the sale price of
the six units to be sold to moderate-income families be set at 20% discount under
market value with a formula dealing with windfall profits; 3) That when the six
Units to be purchased by moderate-income families are re-sold that the City of
Alameda have first "right of refusal."
Councilmember Hanna offered the following amendment to the motion, accepted by
Councilmember Gorman, that revisions include the following: 1) That purchasers
Of the moderate-income homes be required to pay homeowners' association dues or
assessments; 2) That all other findings in Planning Board Resolution No. 1381
be included; and 3) That No. 13 in Planning Board resolution be corrected to
read "Reclamation District No. 2105" instead of Assessment District.
Councilmember Lucas stated that local government had been criticized for making
housing more expensive with regulations, and providing six units of affordable
housing made the rest of the project more expensive and that could not be justified.
March 6, 1984
Councilmember Monsef stated that he supported the position expressed by
Lucas and opposed the affordable housing units.
`
The motion to adopt the resolution as revised carried the he f0110Ning vote: Ayes:
Councilmembers Gorman, Hanna, and President Diament - 3. - Noes: Councilmembers and Monsef - 2. Absent: None.
APPEALS
84-132 From Don Anderson appealing decision of the Planning Board in denying Variance
83-43 relating to a sign at 1150 Ballena Boulevard.
,
Mr. Anderson spoke in favor of the appeal and stated that the sign was a navigational
aid to mariners and had been approved by the Zoning Administrator.
The following persons spoke in support of the appeal:
Ian Roger, representing Ballena Bay Townhouse Association
William Meade, 810 - 23rd Avenue
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the decision
of the Planning Board be repealed and the decision of the Zoning Administrator
be reinstated without conditions under the sign ordinance.
Councilmember Lucas stated that exceptions should not be made to the sign ordinance.
The motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna,
Monsef, and President Diament - 4. Noes: Councilmember Lucas - 1. Absent: None.
84-133 From Councilmember Karin Lucas appealing the decision of the Planning Board
in granting Variance 83-45, a portion of the Police Administration Building Security
Fence.
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Councilmember Lucas expressed concern regarding the architectural compatibility
of the chain link fence with City Hall and the Police Administration Building and
noted the Planning Board resolution indicated that the proposed fence was not compat-
ible and recommended other alternatives.
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the appeal
be denied; the motion FAILED by the following vote: Ayes: Councilmember Gorman
and President Diament - 2. Noes: Councilmembers Hanna, Lucas, and Monsef - 3.
Absent: NODe,
President Diament and Councilmember Gorman expressed concern for the security of
Police vehicles.
~
Councilmember Lucas made a motion, seconded by Councilmember Hanna, to direct staff
to explore alternative materials for the fence between City Hall and the Elk's
Club and visual improvement of the interior fence.
Councilmember Lucas offered an amendment to the motion, accepted by
Hanna, to submit alternativesto Historical Advisory Commissionwith CO0mit0enthvthe
Council to approve the Historical Advisory Commission recommendation.
~
March 6, 1984
The motion carried by the following vote: Ayes: Councilmembers Hanna, Lucas,
and Monsef - 3. Noes: Councilmember Gorman and President Diament - 2. Absent:
None.
Councilmember Gorman made a motion to contract for construction of a temporary
fence; the motion FAILED for lack of a second.
REPORTS AND RECOMMENDATIONS
84 -134 From President of Social Service Human Relations Board requesting approval
of joint sponsorship of "Safety Town" Project with Bayview Women's Club and Alameda
Unified School District.
Councilmember Monsef made a motion, seconded by Councilmember Lucas, that the request
be approved; the motion carried by unanimous voice vote - 5.
84 -135 From Public Works Director submitting Traffic Advisory Committee recommenda-
tions on parking restrictions to facilitate street sweeping.
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the report
be accepted for filing and staff directed to provide a list of locations of highest
priority where this proposal might be tried; the motion carried by unanimous voice
vote - 5.
84 -136 From Public Works Director regarding Phase II conversion of streetlights
and policy for undergrounding of utilities in overhead districts.
Gary Knecht, Chairman of Historical Advisory Commission, stated that the Commission
had reviewed the report and was not in agreement with Item Nos. 2, 3, and 5 under
the "Council Policies" section.
Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the recom-
mendations under both "Council Policies" and "Staff Actions" in the report be approved;
the motion carried by unanimous voice vote - 5.
RESOLUTIONS
84 -137 Resolution No. 10261 "Authorizing execution of agreement between City
of Alameda and Alameda Food Bank for sublease of a portion of Mastick Senior Center
Complex."
Charles Tillman, 2415 Roosevelt Drive, requested the rent be changed to S1.00 per
year and to add provision that lessee be notified 90 days in advance of the normal
termination date of the lease.
John Foley, Alameda Food Bank, spoke in support of the lease.
Councilmember Lucas noted on Page 2 , Item 5, of the lease the last sentence should
be corrected to "paragraph 8" instead of "paragraph 7"
Councilmember Hanna noted the address of the School District on Planning Department
Application attached to the lease should be corrected to Central Avenue.
President Diament requested the costs for maintenance, utilities, and other expenses
for the portion to be occupied by the Alameda Food Bank.
March 6, 1984
Councilmember Monsef made a motion, seconded by Councilmember Hanna, to lease a
portion of the Mastick Senior Center to the Alameda Food Bank for a period of one
year, subject to the approval of the School Board, amend the lease to establish
the rental charge at $1.00 per year, and add a provision that the lessee be notified
90 days prior to the normal termination date of the lease; the motion carried by
the following vote: Ayes: Councilmembers Hanna, Monsef, Lucas, and President
Diament - 4. Noes: Councilmember Gorman - 1. Absent: None.
84 -138 Resolution No. 10262 "Authorizing execution of agreement among Chor Lee
and Won Lee, the McKees and the City, relating to the Alameda Municipal Golf Course
Refreshment Concession."
Councilmember Hanna made a motion, seconded by Councilmember Lucas, that the resolu-
tion be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
84 -139 Resolution No. 10263 "Authorizing execution of agreement with the Aeolian
Yacht Club and the San Francisco Bay Conservation and Development Commission to
provide certain public access."
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the reso-
lution be adopted; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
INTRODUCTION OF ORDINANCES
84 -140 Ordinance No. , New Series "Amending the Alameda Municipal Code by
adding Chapter 12 to Title X thereof relating to smoke detectors."
Councilmember Gorman made a motion, seconded by Councilmember Hanna, that the ordinance
be amended under Sec. 10 -1211 by adding "including single - family residences" after
every dwelling unit.
Councilmember Lucas offered an amendment, accepted by Councilmembers Gorman and
Hanna, to add under Sec. 10 -1221 "common stairwells of" before other multiple dwelling
units.
The motion as amended carried by the following vote: Ayes: Councilmembers Gorman,
Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None.
84 -141 Ordinance No. , New Series "Authorizing execution of Tidelands Lease
with Alameda Gateway, Ltd."
Councilmember Hanna made a motion, seconded by Councilmember Monsef, that the ordinance
be introduced; the motion carried by the following vote: Ayes: Councilmembers
Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent:
None.
84 -142 Ordinance No. , New Series "Amending the Alameda Municipal Code by
amending Chapter 3 of Title XVII thereof to establish "Official Vehicles Only"
parking on Lincoln Avenue and Oak Street."
March 6, 1984
FINAL PASSAGE OF ORDINANCES
84 -143 Ordinance No. , New Series "Authorizing transfer by quitclaim deed of
certain City -owned real property to Paul Wood, relative to Fernside Extension (Excess
property at Fillmore Street)."
The City Attorney stated that the ordinance had been prepared in error and requested
the Council to recind the action taken at the last meeting in introducing the ordinance.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, to recind
introduction of the ordinance; the motion carried by the following vote: Ayes:
Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes:
None. Absent: None.
UNFINISHED BUSINESS
84 -144 President Diament noted that the status of United Cable installations had
been discussed and indicated a hearing would be held upon completion of work.
Councilmember Gorman requested staff to complete going through the franchise to
determine items United Cable Television has not complied with as well as verbal
agreements made during negotiations.
The City Manager stated that staff is working on the report,and it would be completed
the end of next week or the following week.
NEW BUSINESS
84 -145 President Diament noted she participated in a "March on the Capitol" last
week on behalf of the cities in California requesting the legislature to provide
cities with permanent funding.
84 -146 President Diament recommended a Certificate of Appreciation be presented
to Berchman LaCour for his recent heroic act during the Eagle Avenue fire.
Councilmember Gorman made a motion, seconded by Councilmember Lucas, to approve
presentation of the certificate; the motion carried by unanimous voice vote - 5.
84 -147 Councilmember Hanna referred to a letter from Building Industries Association
regarding Bay Conservation and Development Commission staff proposal to require
additional permits for subdivisions and lot splits and stated he felt they already
have sufficient authority. He requested the City Manager to review and provide
a report for the next agenda.
With consensus of Council, President Diament so ordered.
84 -148 President Diament noted pictures by local artists were on display in the
Council Chamber and were for sale.
84 -149 Councilmember Hanna requested a status report regarding enforcement actions
for the requirement of sprinklers in apartments.
March 6, 1984
ORAL COMMUNICATIONS, GENERAL
84-150 Fred Scullin, 1120 Chestnut Street, offered his opinion that United Cable
Television would use the Limited Partnership issue as an excuse for the delay in
installation.
84-151 Richard Hausman, 1103 Regent Street, referred to large potholes in the
parking lot at South Shore Shopping Center, and the City Manager stated he would
send another letter requesting the problem be corrected.
ADJOURNMENT
84-152 President Diament ordered the meeting adjourned to Executive Session for
D discussion of personnel and litigation matters.
At the conclusion of discussions, it was determined that no action would be taken
at this time.
There being no further business to come before the Council, the meeting adjourned
at 11:40 p.m. The next regular meeting will be held Tuesday, March 20, 1984, at
7:30 p.m.
Respectfully submitted,
DEEN SPEEGLE, City Clerk
March 6, 1984