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1984-04-17 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY ARPIL 17, 1934 The meeting convened at 7:35 P.M. (at the conclusion of the Community Improvement Commission Meeting) with President Diament presiding. The Pledge of Allegiance was led by Councilmember Hanna. The Invocation was given by the Rev. Martell Twitchell, Retired. ROLL CALL: Present: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. Absent: None. MINUTES Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the Minutes of the Special Council Meeting of March 8, 1984, be approved as submitted; the motion carried by voice vote - 4. Councilmember Hanna abstained as he was absent at the Special Council Meeting of March 8, 1984. CONSENT CALENDAR Councilmember Gorman made a motion, seconded by Councilmember Monsef, 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 adopted or enacted are indicated by an asterisk ( *). REPORTS AND RECOMMENDATIONS *84 -225 From Public Works Director recommending an extension of time of one year to May 3, 1985, in which to complete the improvements for Tract 3903 (H.B.I., Village 2, Northwest). Approved. *84 -226 From Public Works Director recommending an extension of time of two years to January 7, 1986, in which to complete the improvements for Tract 4289 (H.B.I., Village 4, North). Approved. *84 -227 From Public Works Director recommending an extension of time of two years to December 18, 1985, in which to complete the improvements for Tract 4290 (H.B.I., Village 4, North). Approved. *84 -228 From Public Works Director recommending an extension of time of two years to January 7, 1986, in which to complete the improvements for Tract 4513 (H.B.I., Village 4 South). Approved. *84 -229 From Public Works Director recommending an extension of time of two years to January 7, 1986, in which to complete the improvements for Tract 4515 (H.B.I., Village 4). Approved. *84 -230 From Public Works Director recommending an extension of time of two years to January 7, 1986, in which to complete the improvements for Tract 4541 (H.B.I., Village 4, North). Approved. *84 -231 From Public Works Director recommending acceptance of the work performed by 0.C. Jones & Sons for repair and resurfacing of certain streets, Phase 3, No. P.W. 8- 83 -16. Approved. April 17, 1984 RESOLUTIONS *84 -232 Resolution No. 10288. "Approving Final Map of subdivision known as Tract 4591 and accepting certain easements and rights of access (A residential subdivision project on Bay Farm Island at Brittany Landing, Ponderosa Homes, Subdivider)." Adopted. *84 -233 Resolution No. 10289. "Approving Final Map of subdivision known as Tract 5216 and accepting certain easements and rights of access (A subdivision of Lot 25 of Tract 4591, a residential subdivision project on Bay Farm Island at Brittany Landing, Ponderosa Homes, Subdivider)." Adopted. *84 -234 Resolution No. 10290. "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision Tracts 4591 and 5216 and approving bonds as to sufficiency (Brittany Landing, Ponderosa Homes, Sub- divider)." Adopted. *84 -235 Resolution No. 10291. "Approving an agreement for professional services with Craig Park Associates for Phase II of the Webster Street Improvement Program." Adopted. *84 -236 Resolution No. 10292. "Authorizing execution of agreement for construction and completion of improvements in connection with Subdivision Tract 4402 and ap- proving bonds as to sufficiency (A residential subdivision project at Bridgeway Road and Aughinbaugh Way, Franciscan Financial Corporation, Subdivider)." Adopted. *84 -237 Resolution No. 10293. "Approving Final Map of subdivision known as Tract 4402 and accepting certain dedicated public streets and easements (Franciscan Finan- cial Corporation, Subdivider)." Adopted. *84 -238 Resolution No. 10294, "Approving amended salary - classification /benefit for unrepresented employee of the City of Alameda." Adopted. FINAL PASSAGE OF ORDINANCES *84 -239 Ordinance No. 2190, New Series. "Amending Title XVII of the Alameda Muni- cipal Code to establish a U -Turn prohibition at the intersection of Blanding Avenue and Park Street and a "Buses Excepted" exemption to the left -turn prohibition from Park Street onto Central Avenue." Finally adopted. *84 -240 Ordinance No. 2191, New Series. "Amending Title XVII of the Alameda Muni- cipal Code to establish mechanical signals at the intersection of Encinal Avenue and Walnut Street and at the intersection of Fernside Boulevard and Otis Drive." Finally adopted. *84 -241 Ordinance No. 2192, New Series. "Amending Title XVII of the Alameda Muni- cipal Code to establish a "No Parking" zone on Walnut Street south of Encinal Avenue and a 24- Minute Parking Zone on Encinal Avenue west of Walnut Street." Finally adopted. BILLS *84 -242 An Itemized List of Claims, certified by the City Manager as correct was approved in the amount of 51,083,762.03. RETURN TO REGULAR AGENDA April 17, 1984 HEARINGS 84 -243 Hearing to consider Harbor Bay Business Park, Assessment District 84 -1. President Diament noted that the public portion had been closed at the previous meeting, and no requests to speak had been received this evening. Councilmember Gorman noted that the concern expressed by Pacific Gas and Electric at the previous meeting had been resolved. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the applicable resolutions be considered out of sequence; the motion carried by unanimous voice vote - 5. RESOLUTIONS 84 -244 Resolution No. 10295 "A resolution ordering reduction of Assessments - Harbor Bay Business Park Assessment District 84 -1." Councilmember Gorman made a motion, 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. 84 -245 Resolution No. 10296 "A resolution determining convenience and necessity, adopting Engineer's Report, confirming the Assessment and ordering the work and acquisitions, directing recording and filing Assessment, Assessment Diagram and Notice of Assessment, appointing Collection Officer, and providing for Notice to Pay Assessments - Harbor Bay Business Park Assessment District 84 -1." Councilmember Gorman made a motion, seconded by Councilmember Hanna, 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. 84 -246 Resolution No. 10297 "A resolution determining unpaid Assessments and providing for issuance of bonds - Harbor Bay Business Park Assessment District 84 -1 " Councilmember Gorman made a motion, seconded by Councilmember Hanna, 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. 84 -247 Resolution No. 10298 "A resolution awarding sale of bonds - Harbor Bay Business Park Assessment District 84 -1." Councilmember Gorman made a motion, seconded by Councilmember Hanna, 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. APPEALS 84 -248 From Gloria Magno, 623 Lincoln Avenue, appealing the Planning Board decision in denying Variance application V -84 -6 at 623 Lincoln Avenue. April 17, 1984 294 President Diament noted there were no speakers. Councilmember Lucas made a motion, seconded by Councilmember Hanna, to adopt the findings of the Planning Board and deny the appeal; the motion carried by unanimous voice vote - 5. 84 -249 From Councilmember Karin Lucas appealing the Planning Board decision in granting Variance application V -84 -4 at 626 Haight Avenue. Councilmember Lucas stated that she did not think the policy statement expressed in Housing Element and General Plan were stated accurately in the Planning Board findings and expressed concern regarding parking. Fred Runnion spoke against the appeal, and stated that he had done a parking survey which indicated there was adequate off - street parking. Councilmember Hanna stated that he felt the parking was appropriate and made a motion that the decision of the Planning Board be sustained and that the garage be kept available for parking; the motion FAILED for lack of a second. Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the appeal be granted and the variance denied; the motion carried by the following vote: Ayes: Councilmembers Gorman, Lucas, and Monsef - 3. Noes: Councilmember Hanna and President Diament - 2. Absent: None. 84 -250 From Councilmember Karin Lucas appealing the Planning Board decision in denying Variance Application V -84 -16 at 1434 Ninth Street. Councilmember Lucas noted that there was no commitment for Section 8 housing in the rental unit although the applicant had made no decision yet and that parking was not a problem in that area. Miner Chipman, applicant noted that he had never noticed a parking problem, and the addition would be aesthetically pleasing and would fit in with the victorian neighborhood. Councilmember Lucas made a motion, seconded by Councilmember Monsef, that the appeal be granted and the variance approved. Councilmember Gorman stated that he did not agree that there was no parking problem. Councilmember Hanna supported Councilmember Gorman's position and stated that he had observed four cars parked in a yard. The motion carried by the following vote: Ayes: Councilmembers Lucas, Monsef, and President Diament - 3. Noes: Councilmembers Gorman and Hanna - 2. Absent: None. REPORTS AND RECOMMENDATIONS 84 -251 From Chairman of the Historical Advisory Commission recommending consideration of the appointment of Woodruff Minor to the Commission. Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the report be accepted and referred to President Diament for consideration; the motion carried by unanimous voice vote - 5. April 17, 1984 84 -252 From Social Service Human Relations Board regarding youth questionnaire. Susan Foulkes, President of Social Service Human Relations Board, explained the questionnaire and stated that the Board would be compiling a plan of action. President Diament expressed appreciation to the Board.. Councilmember Lucas stated that it would be helpful to list the total number of students who responded and the total number of students. Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the report be accepted and the plans approved; the motion carried by unanimous voice vote - 5. 84 -253 From City Attorney regarding Councilmember Lucas' request for zoning amendments relative to bars in the City of Alameda. Councilmember Lucas expressed concern that new bars may be located too close to existing bars and suggested a Use Permit be required for new bars. She noted that the other proposed ordinance would prohibit the sale of liquor and gasoline on the same premises. In response to inquiry, the City Attorney noted that the prohibition on sale of liquor and gas on same premises would not apply to businesses already in operation, but if they changed from that use, they could not change back and sell liquor and gasoline again at that location. Councilmember Gorman made a motion, seconded by Councilmember Lucas, that the ordinance regarding new bars be referred to the Planning Board and the ordinance prohibiting the sale of liquor and gasoline on the same premises be placed on the next Council agenda; the motion carried by unanimous voice vote - 5. Councilmember Lucas requested that the definition of "prepared food" in the ordinance relating to the location of new bars be expanded. 84 -254 From Public Works Director regarding request from Aeolian Yacht Club to jointly pursue an amended Corps of Engineers Permit to dredge a portion of the harbor area and place the dredging spoils on the former dumpsite. Charles Thau and Erbon Delventhal, Aeolian Yacht Club, spoke in support of their request. Councilmember Hanna stated that he had concerns regarding water quality control and whether Tideland Trust Funds should be used for that purpose. Councilmember Gorman made a motion, seconded by Councilmember Hanna, that staff be directed to proceed and address the concerns expressed by Councilmember Hanna; the motion carried by unanimous voice vote - 5. RESOLUTIONS 84 -255 Resolution No. 10299 "A resolution reappointing Vincent G. Maloney as a member of the Pension Board." April 17, 1984 Councilmember Gorman made a motion, seconded by Councilmember Hanna, 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. 84 -256 Resolution No. 10300 "A resolution supporting audit and budget on expenditures of the Senate and Assembly of the State of California." Councilmember Gorman made a motion, seconded by Councilmember Monsef, that the resolution be adopted and the City Clerk directed to transmit a copy to State Legislature; the motion carried by the following vote: Ayes: Councilmembers Gorman, Hanna, Lucas, Monsef, and President Diament - 5. Noes: None. Absent: None. 84 -257 Resolution No. 10301 "A resolution approving a loan agreement for S1,786,000 of Urban Development Action Grant Funds with Alameda Marina Center Associates." Fred Scullin, 1120 Chestnut, expressed concern that the grant funds would be used in the redevelopment area and that it would be a violation of the City Charter. Councilmember Lucas noted that there would be amendments to the Community Improvement District, and properties that would benefit from the funds would be removed from the District. Councilmember Lucas noted that the agreement should be amended to change CETA to JTPA as CETA is no longer in existence. Councilmember Hanna made a motion, seconded by Councilmember Monsef, 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. 84 -257 Resolution No. "A resolution approving an agreement with the U.S. Department of Housing and Urban Development to accept an Urban Development Action Grant for S1,836,000." Councilmember Lucas made a motion, seconded by Councilmember Hanna, to hold the agreement over to the next meeting to allow time for further review; the motion carried by unanimous voice vote - 5. 84 -258 Resolution No. 10302 "Approving the submittal of an application for Urban Development Action Grant Funds on behalf of Alameda Gateway, Ltd." Fred Scullin, 1120 Chestnut, stated that inasmuch as the Community Improvement District would be changed, a new Environmental Impact Report might be required. Councilmember Hanna made a motion, seconded by Councilmember Monsef, 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. 84 -259 'Resolution No. 10303 "A resolution approving Memorandum of Understanding Agreement among the Port of Oakland, City of Oakland, City of San Leandro and City of Alameda to study area -wide traffic impacts due to development projects within their jurisdictions. April 17, 1984 UNFINISHED BUSINESS 84 -260 Consideration of appointment of a member to the Historical Advisory Commission. President Diament nominated Woodruff Minor for appointment to the Commission; the nomination was seconded by Councilmember Monsef and carried by unanimous voice vote - 5. 84 -261 Consideration of appointment to the Board of Appeals. President Diament nominated John E. Stewart for appointment to the Board of Appeals; the nomination was seconded by Councilmember Lucas and carried by unanimous voice vote - 5. 84 -262 President Diament noted that flags from the recent contest were displayed in the Council Chamber and expressed appreciation to Councilmembers Lucas and Monsef for serving on the Committee and for the outstanding community participation. Councilmember Lucas suggested the flags be displayed at the Museum and offered to coordinate with Museum personnel. The Council accepted her offer by consensus. Councilmember Lucas stated that two persons had volunteered to sew the first flag and suggested lots be drawn to determine who should sew the first flag. The Council agreed with her suggestion by consensus. Councilmember Lucas suggested that formal adoption of the flag be placed on the next Council agenda. The Council agreed by consensus. 84 -263 Councilmember Lucas stated that the General Plan states that the number of publicly supported housing units in the City should not exceed the same percentage of total housing stock as that supplied by other East Bay cities. She requested information including specific numbers as well as percentages and relationship to population. Councilmember Hanna referred to the 20 years the developer of Buena Vista Apartments was to maintain units for low - income housing and inquired whether the 20 years had expired. 84 -264 President Diament stated that Brian McDonald had submitted his resignation from the Social Service Human Relations Board. Councilmember Gorman made a motion, seconded by Councilmember Monsef,that the resignation be accepted and the City Clerk directed to advertise for persons interested in the appointment; the motion carried by unanimous voice vote - 5. 84 -265 Councilmember Lucas referred to the Navy locating additional ships and requested the City Attorney to research and determine whether an Environmental Impact Report or Environmental Impact Statement should be required. 84 -266 Councilmember Hanna requested the City Attorney to determine whether the Board of Appeals is required to have a specific makeup of its members; i.e., architects, builders, etc. April 17, 1984 84 -267 Councilmember Hanna referred to a sign at the north end of Aughinbaugh Way which indicated "No Bicycle Riding" and noted it was posted in error. ORAL COMMUNICATIONS, GENERAL 84 -268 Gerhard Degemann, 304 Sand Beach Road, offered to display the flag drawings at the Historic Alameda High School. 84 -269 Gerhard Degemann expressed concern regarding prohibition of drinking alcoholic beverages in parks and on beaches and lack of enforcement by the Police Department. President Diament stated that the East Bay Regional Park District should be contacted regarding that matter. 84 -270 John Doherty, 1329 Weber Street, stated that the peanut factory purchased by the Housing Authority could perhaps be used for youth activities or for a better purpose than its current use. President Diament noted that the Council had been discussing that facility, but no decision had been made. FILING 84 -270 Loan agreement for $1,786,000 of Urban Development Action Grant Funds with Alameda Marina Center Associates. Agreement with U.S. Department of Housing and Urban Development to accept an Urban Development Action Grant for S1,836,000. (Withdrawn) Memorandum of Understanding Agreement among the Port of Oakland and other Bay Area cities to study area -wide traffic impacts due to development projects. Agreement in connection with Tracts 4591 and 5216. Agreement for professional services with Craig Park Associates for Phase II of the Webster Street Improvement Program. Agreement in connection with Tract 4402. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:45 p.m. The next regularly scheduled Council meeting will be held Tuesday, May 1, 1984. Respectfully submitted, DEEN SPEEGLE City Clerk April 17, 1984