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1977-01-18 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY - - - - - - - - - - - - JANUARY 18, 1977 The meeting convened at 7:30 o'clock p.m. with President Corica presidfn?, The Pledge of Allegiance was led by Vice Mayor Beckam and was followed by a moment of silent prayer. ROLL CALL: The roll was called and Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5), were noted present. Absent: None. MINUTES: I. The minutes of the repu]ar meetings held December 7 and December 21, I976, were approved as submitted. WRITTEN COMMUNICATIONS: 2. From Mr. Paul R. Ekstrom, 1826 Clinton Avenue, concerning Estuary parking area in vicinity of Mariner Square. The communications was referred to the Traffic Advisory Committee. 3. From Mrs. Ddrin2 M. Banda, 9I9 Del Mar Avenue, expressing opposition to site on Westline Drive at Eighth Street for proposed Senior Citizen Center, President Corica reported the Council had awarded a contract at the last meeting for a site study Of the property on Westline Drive and Eighth Street. President Corica also related he had been informed by the publisher of the Alameda Times-Star that the Lippert family was planning to offer the city an opportunity to purchase the Alameda Theater. 4. From Mr. Joseph M. Sullivan, 3221 Liberty Avenue, reCOmmend1nn legislation rfOring buyer notifi- cation if proposed home purchase is located on private street. Mr. Sullivan elaborated on his written request and urged the Council to work to make a statewide law requiring the buyer be informed the property is located on a private street, particularly in the case Of properties being sold again a number of years later. It was the consensus of the Councilto support Mr. Sullivan's request and they referred the matter to the City Attorney to determine the status of current legislation. On question from Councilman Hurwitz, the City Attorney explained how the new Planned Development Ordinance stated streets would be public unless the developer could show that private streets were essential to the design of the development. To further clarify the question, Planning Director Patterson read Section 1I-I355.1/u\, 5. From Mr. James B. Davis, Attorney for Harbor Bay Isle Associates, regarding City Engineer-EBMUD dispute over sewage capacities. Following President Croica's explanation of the question, Councilman Sherratt moved the Council tentatively support the City Engineer's position as the City's negotiating position and that staff be directed to work with the developer and East Bay Municipal Utilities District to resolve differences. Councilman Beckam seconded the motion and noted this action was reinforcing the action and direction of the Council taken at the December 21, I976, meeting, The motion carried unanimously on voice vote. Following further discussion, City Attorney Stroud explained that the question of capacity must be decided as each Tentative Map is considered because both the Map Act and the City's Ordinate require findings that the development conforms to the General Plan and that it will not damage water quality. 6. From Harbor Bay Isle Associates, signed by Mr. Lynn C. Lee, Project Engineer, requesting clarification of Council position regarding payment of electrical supplies and inStallatjOO. On request, the City Manager reviewed action taken by the Council in August, 1975, which provided a oOlicy direction to fund a portion of the cost of underproundfnq utilities along Island Drive; and stated there was some quBCiOn on the oort of Harbor Bay Isle staff if this policy direction also applied to Mecartney, inasmuch as Harbor Bay Isle Boulevard was no longer planned to be built. He noted the present year's tax tax budget included provision for UndergrOunding utlities on Island Drive, and suggested Council give prilicy support only for undergrounding Mecartney, subject to final review and determination when the gas tax budget is looked at for revision, which will be sometime in June. Councilman Beckam offered the foregohq as a motion, which was seconded by Councilman Hurwitz and carried unanimously on voice vote. On question, Mr. Oscar Barry, Project Manager for HBI Associates, stated Island Drive was scheduled to be paved sometime in March. HEARINGS: It was the consensus of Council that the appeal filed by Mr. Sam Enjaian for Tribune DistribUtbn Center be considered out of order. ' 7. In the Matter of appeal filed by Mr. Sam Enjaian to decision of P]anOino Board denying Use Permit renewal for Oakland Tribune Distribution Center at 1712 Lincoln. Planning Director Patterson reported the application had been made originally to the Zoning Adminis- trator, who had denied the application after holding a hearing in his office. He had submitted a letter dated November 12 stating his decision and listing 13 findings. This decision was appealed to the City Planning Board. The Board heard the appeal on December 6. The Planning Board's motion was to uphold the Zoning Administrator's decision, to take effect April 1, 1977, to allow the Tribune sufficient time to find another location. He stated one of the 'rime considerations of a use permit was, did the use fit in with the neighborhood, were the conditions imposed appropriate and enforceable and was the use a qoOdn2iqhbOr. He stated the applicant had been working to correct the conditions existing at the time of the denial, and the quality of supervision was to be commended; however, the use did not meet the provisions of the Zoning ordinance. He reported the applicant had been unable to find an alternate location. The Hearing was declared opened. On the call for proponents, the appellants responded. Mr. Dave Albright, home delivery manager for the Oakland Tribune, distributed some pictures of the cleaned-up site and listed the steps the owner and the Tribune had taken to remedy the conditions listed in the Zoning Administrator's letter. He stated they had been looking for but were unable to find another location for a station drop. He asserted a station drop was much more favorable to the carriers as it allowed fordoSe supervision and training. He stated the alternative was to "group" drop the papers on street corners which would provide no dry place for the carriers to fold oaperS and would allow for very little supervision aqd training. He requested the use permit he permitted, or at least a trial period be grant2d. He answered the questions of the Council. Mr. Sam Enjaian, 9512 Las Vegas Avenue, Oakland, Ow8er of the property, stated he had not been informed of the damages prior to the time the use permit was denied. He stated the conditions listed in the Zoning Administrator's report had already been corrected or would be corrected shortly. Mr. Robert Meads, district advisor of the distribution center, responded to questions of the Council. The following persons alsOTOk2 in favor of the appeal. Mr. George Donatello, Sr., Dave Cookson, Arthur Peterson, Frank Ratto, Elizabeth Parker, Adrian Penechetti, George Donatello, Jr., and Richard Teske. On the call for opponents, Mr. Robert Jackson, 1601 Minturn, submitted a petition signed by 55 neighbors of the distribution center who were opposed to its continued use. He cited his concerns as safety, the bikes and the noise. He commented the operation while the distribution center was open was well run, but the center was a gathering place for the carriers and friends even when the Center was closed. He stated the owner and operator had cleaned it up considerably, but charged the use was inappropriate in this neighborhood. The hearing was declared closed. On question, Planning Director Patterson responded that, if the Council directed a trial period was to be allowed, there were a number of conditions which should be placed on the use permit. Following considerable discussion, Councilman Di3ment moved the use permit be extended to June 30, 1977, subject to the following conditions recommended by the Planning Director: 1) the carriers to be supervised outside of the building; 2) the toilet and sink to be kept clean and usable; bike racks should be provided within the building and kept off the sidewalk area; 4) a clear walkway be kept open between the bikes at the building entry; 5) no person will ride a bike out of the door onto the sidewalk or cross the street except at street intersections; 6)traffic caution cones to be placed at the entry of the building during operating hours; 7) the parking issue to be investigated through the Traffic Advisory Commission for loading zone, special hours or limited parking; 8) no trucks to be parked on the sidewalk or backed up to the door of the building; 9) the sidewalk to be kept clean; 10) the rear yard to he cleaned up and maintained and the rear yard to be repaired; and 11) the damaged ceiling to be repaired. The motion was seconded by Councilman Beckam and carried unanimously on voice vote. It was noted the applicant would apply to the Planning Board for a renewal at the expiration of the trial period. A ten minute recess was called. Upon reconvening, the meeting proceeded with the regular order of business. 8. In the Matter of Housing and Community Development Act application for I977-78. President Corica commented this was the fifth of six hearings scheduled for this year's application. On request, Administrative Assistant Robert Wonder summarized the npplfation which was divided into suggestions and proposals made as a result of citizen input at various public hearings; suggestions submitted by various City departments; and projects undertaken with previous HCDA funds which were a continuous, on-going nature. He noted all eligible projects suggested totaled S6,I78,830 (not counting $15 million necessary for a suggested solid waste disposal facility) and the level of funding for 1977-78 was S95I,000. He said choices had been made utilizing guidelines established by HUD, ABAG's expanded role in reviewing HCDA applications, the available funding level, and past City Council directions as reflected in the first two Hmx applications. He reported the preliminary HCDA 0 project proposals for 1977-78 were as follows: 77-1) Planning and General Project Administration; 77-2) Senior Center (continued from I976-77\: 77-3) Target Neighborhood Improvements (street trees and landscaping); 77-4) Architectural Barriers-Public Streets (continued from prior year); 77-5) Site Acquisition/Utilization (continuation); 77-6) Housing Conservation Program (loan system to assist in housing rehabilitation); 77-7) Housing Rehabilitation (AUSD Homes); and 77-8 (Contingencies. The hearing was declared opened. Mrs. Inez Kapellas, 1128 College Avenue, charged no provision had been made for historical preser- vation, and urged Council to begin action to preserve A]am2da/S heritage. Mr. Earnest Ellis, Chairman of the Mayor's Committee for the Handicapped, suggested a library accessible to the handicapped be built, a sheltered workshop be established and an employment study be done as a transportation system be established for use by the handicapped. Mr. Bill Edmiston and Mr. Gene Laurel suggested a skateboard facility be established in a grtfOD Of an existing playground. They stated a facility could be economically constructed with a minimal amount of money. Mrs. Martha Killebrew, Executive Director, Alameda Chapter of the American Red Cross, sUltitt2d a written recommendation that the Red Cross building at 751 Eagle Avenue be reahabilitated and expanded in order to better serve the needs of the community. Mrs. Sue Matheson, Executive Director of Xanthos House, suggested funds be allocated to purchase and renovate a house for the use of the Head Start program. Mr. John Doherty, speaking for H.O.P.E. requested a Housing Referral Center be established and staffed by a housing 5peCiali5t. He also SUggBted periodic informational meetings among various public agencies and the public be scheduled in order to keep each other better informed. He expressed opposition to the proposed location of the Senior Center and stated Lincoln School was being vacated and was planned for use as an adult school center. He suggested senior citizen acitivites could be included. Mr. Cris Corpuz, President, United Pilipinos of Alameda, Inc., commented on the idean of a community center and suggested that, since realization of the idea would be a long time off, perhaps neighbor- hood centers could be established. He specifically suggested the now vacant Chief Petty Officer's Club at the corner of Pacific and Central be utilized. Mr. Wonder responded to each suggesting by notice all were elible for funding under the guidelines Of HUD, with the exceptions of the Head Start center unless it could be shown to meet certain conditions of the HUD requirements, a new library, the transportation system and the periodic public agency meetings. He further stated modifications to an existing library to make it accessible would be eligible. He also commented the Navy had not expressed any plans to diSpe of the former Chief Petty Officer's Club. He further commented the historical preservation concenrs were addressed by project No. 77-6. On question about the flooding questions in the north end of Alameda, the City Manager responded the Council, last year, had requested the Alameda County Flood Control District to undertake a study of the problems concentrated in that area, including analysis of ways and means to correct the condition. Hestated that study should be completed very shortly and seeking funding sources could begin once the alternative solutions were known. It was the consensus of the Council that the 5UgyeStiOD about a skateboard facility should be referred to the Recreation Commission for their consideration. The hearing was declared closed. President Corica announced the next hearing would he held on February 15. 1977, to finalize the 1977-78 application. 9. In the Matter of Adoption of the Uniform Plumbing Code. On request, Mr. Al Spadoni, Senior Plumbing Inspector, reported the Uniform Plumbing Code, 1973 Edition, had been adopted by the City Council after a public hearing held April 17, Iq76, and the enacting ordinace became effective in 3ept8mber. He stated the Uniform Plumbing Code permits ABS and PVC plastic pipe for waste DndVeOt use only in residential structures which are two stories Or less. Mr. Spadoni then answered the questions of tht Council On the call for prOp00Bt5, Mr. George Hess, representing the Plumbers and Gas Fitters Union, who had requested the rehearing, introduced Mr. John Gorman, a director of research with the Cast Iron Soil Pipe Institue. Mr. Gorman stated he had done considerable research and charged the current standards did not protect the consumer because of deficiencies which are not addressed in the standards. He stated there was no provision to require stress refief or to reduce it s flammability and susceptibility to corrosive liquids. He proceeded with a lengthy demonstration of his allegations. Mr. Hess gave expmples of areas where problems have been experienced and suggested many problems with plastic pipe will be experienced in the future, particularly on fill areas. On the call for opponents, Mr. Andrew Sobhlok, representing Building Code Action, refuted the remarks of Mr. Hess and urged the Council nctto make an arbitrary decision to amend the Uniform Plumbing Code. The hearing was declared closed. 97a On request from Councilman Sherratt, the City Attorney recalled an opinion written by his office at the time the Code was adopted, which stated that, in order to delete any portion of the Uniform Code, the City would have to adopt findings the change was, in fact, based upon specific local conditions which were distinguishable from conditions in other cities. On request from Councilman Hurwitz, Assistant Fire Chief Harold Hathaway, Alameda Fire Department, reported the Department had no major objections to using this type of material. He stated the use Of plastic materials in mnay forms is widespread in most homes today; and the Fire Department responded with appropriate equipment and methods to CU0bDtOfire with this type of material present. After further discussion, it was the consensus of the Council that any evidence of special conditions submitted to the city by the plumbing or building industries would be forwarded to the appropriate Stalg commission for consideration. 10. In the matter of the proposal to rezone Alameda Municipal Golf Course (southeasterly of inter- sections of Doolittle and Island Drives) from R-1, Single Family Residential District to 0, Open Space District. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. The President declared the Hearing opened. On the call for proponents or opponents there was no response. The hearing was declared closed. Councilman Sherratt moved acceptance of the report and the ordinance be considered out of order. Councilman Beckam seconded the motion, which carried unanimously on voice vote. There being no objection, the 08eting proceed to "Introduction Of Ordinances". INTRODUCTION OF ORDINANCES: TT, Councilman Beckam introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S. (Alameda Municipal Golf Course). The motion was seconded by Councilman Hurwitz and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: NOne, The meeting returned to the regular order of business. HEARINGS: 12. In the Matter of the proposal to rezone Godfrey Park from R-1, Single Family Residential District to 0, Open Space District. The Clerk reported the Affidavit of Publication of the required Notice of Hearing was on file. The President declared the hearing opened. On the call for proponents or opponents there was no r2sp0n8e. The hearing was declared C]0sed. Councilman Beckam moved acceptance of the report and the ordinance be considered out of Order. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. There being no objection, the meeting proceeded to "Introduction of Ordinates". INTRODUCTION OR ORDINANCES: 13. Councilman Hurwitz introduced the following ordinance, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying and Rezoning Certain Property Within the City of Alameda by Amending Zoning Ordinance NO, 1277, N.S. (Godfrey Park) The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. The meeting returned to the regular order of business. REPORTS AND RECOMMENDATIONS: 14. From the Planning Board, sinned by the Secretary, making recommendation on Tentative Map for Tract 3598 for Village 1 in Harbor Bay Isle development. Councilman Beckam moved the amendments to Tentative Map for Tract 3598 for Village 1 be approved, subject to the conditions and findings listed in the report from the Planning Board. The motion was seconded by Councilman Sherratt and carried uDaim0U3ly on voice vote. �� ����/� 15. From the Planning Board signed by the Secretary, making recommendation on Tentative Mpa for Tract 3713 for development of a shopping center, community center and neighborhood park in Harbor Bay Isle development. Councilman Hurwitz moved Tentative Map for Tract 3713 be approved, subject to the conditions and findings listed in the report from the Planning Board. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 16. From the Assistant City Manager and Assistant City Audttor, submitting report of Count of Money held November 17, 1976. Councilman Hurwitz moved the report be dccept8d. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 17, From the Assistant City Manager, concerning sale of City-owned properties. Councilman Sherratt moved acceptance of the report and adoption of the recommendation to invite and receive proposals for the sale of the Holly-Oleander site and the former Post Office building. On question from Councilman Diament, Planning Director Patterson reported the Holly-Oleander site was originally a part of the Carden Isle development. City Manager Goss stated that the developer had had the option to pay the dwelling unit tax or dedicate land in lieu thereof, and that he had chosen the later even though without regard to park location, park size or anything else that would related to the Open Space Element of the General Plan. Planning Director Patterson responded the allowable density of the development would not be altered. Councilman Hurwitz stated he had discussed the question with his neighbors and reported there was little objection to the sale provided they had Some control over what was built there. He suggestod the proceeds from the sale be set aside for exclusive use in Godfrey Park. It was the consensus Of the Council that the money uld be deposited in the Park and Recreation Fund, with expenditures from that fund to be determined by the Council. Councilman 8eckam seconded the motion, which carried unanimously on voice vote. UNFINISHED BUSINESS: 18. Consideration of appointment of public representatives tDC1ty Manager Traffic Advisory Committee. President Corica placed in nomination the name of John Barni, Jr. The nomination was seconded by Councilman Sherratt and carried unanimously on voice vote, President Corica placed in nomination th20me of Ross Jeffrey. The nomination was seconded by Councilman Diament and carried unanimously on voice vote. The City Manager was directed to follow through. 19. Consideration of appointment of Commissioner to Housing AuthUritV, President Corica placed in nomination the name of William (Billy) Trujillo. The nomination was seconded by Councilman Sherratt and carried unanimously on voice vote. The City Attorney was directed to prepare an appropriate resolution for consideration at the next regular me2tiO?. RESOLUTIONS: 20. The following resolution was introduced by Councilman Beckam, who moved its adoption: "Resolution No. 8655 A Resolution of the City of Alameda, California, in Commendation and Support of the United States Corps of Engineers in the Shoreline Erosion Demonstration Program." The motion was seconded by Councilman Diament and carried on the following r0]] call vote. Ayes: Five. Noes: None. Absent: None. 21. The following resolution was introduced by Councilman Diament, who moved its adoption: "Resolution No. 8656 Approving Conflict of Interest Codes for: Department of the City Clerk, Personnel Department, Pension Board, Civil Service Board and Police Department." The motion was seconded by Councilman Hurwitz and carried on the following roll Ca]] vote. Ayes: Five, NOes: None, Absent: None. 22, "Resolution NO. Expressing Appreciation to Mrs. Florinda Bartalini for Her Contributions to the Community." President Corica announced Mrs. Barta]iDi was out of town and suggested consideration of the resolution be postponed until her return. Councilman Beckam moved the resolution be tabled until the next regular meeting. The motion was seconded by Councilman Sherratt and carried unanimously on voice vote. 23- The following resolution was introduced by Councilman Hurwitz, who moved its adoptiON; "Resolution No. 8657 Authorizing Execution of Agreement with Joanne Auerbach for Personal Services." (Associate Planner Under HUD 701 Program) The motion was seconded by Councilman Sherratt anc carried on the following roll call vote. Ayes: F0ur, Noes: President Corica, (1). Absent: None. The President declared the foregoing resolutions adopted. INTRODUCTION OF ORDINANCES: 24. Councilman Beckam moved the following ordinance be introduced and passed as an urgency ordinance: "Ordinance No. 1848, New Series Amending the Alameda Municipal Code by Adding Section 17-3310 to Article 3, Chapter 3, of Title XVII Thereof Establishing Vision Safety Zones." (Urgency Ordinance) The motion to introduce and pass the ordinance was seconded by Councilman D1a0ent and carried on the 1bllowfOg roll call vote. Ayes: F1V8, Noes: None. Absent: None. ORDPANCES FOR PASSAGE: 25. "Ordinance No. 1849, New Series Amending the Alameda Muni lD] Code by Adding Article 4-E to Chapter 1 Of Title XI Thereof Defining and Regulating Adult Entertainment Activity." Councilman Hurwitz moved the ordinance be passed as submitted. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None, Absent: None. 26' "Ordinance No. 1850, New Series Amending the Alameda Municipal Code by Repealing, Amending and Adding Certain Sections to Article 1, Chapter 3, Title XI Thereof, Relating to Rules and Regulations Governing the Planning and Subdividing of Land and the Filing and Approval of Subdivision Maps," Councilman Beckam moved the Ordinance be passed with Section 11-3110 amended as recommended in the City Attorney's memos dated January 13 and January lR. The motion was seconded by Councilman Sherratt and carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The City Manager noted the Planning Board had requested the ordinance be deferred pending their review. The Council directed the Planning Director to convey to the Planning Board that the ordinance had been adopted as amended at this time, but further changes and concerns could be considered by the Board. 8IL[S: 27' An itemized !1st of Claims against the City of Alameda and the Departments thereof, in the total amount of SI29,953.25 was presented to the City Council at this meeting. The List was accompanied by certification from the City Manager that the claims shown were correct. Councilman Beckam moved the bills as itemized in the List of Claims filed with the City Clerk on January 18, 1977, and presented to the City Council at this date be allowed and paid. The motion was seconded by Councilman Sherratt and on roll call vote carried by unanimous vote. OPAL COMMUNICATIONS, GENERAli 28, Mrs. Darlene Banda, 919 Del Mar Avenue, spoke regarding her letter which had been received under Written Communications. She expressed his disappointment the Council had not responded directly to the concerns expressed in her letter. She suggested the site study plan be cancelled. After discussion, it was the consensus of the Council that the purpose of the site plan study was to consider the concerns raised by Mr5. Banda, along with other concerns, in order to evaluate any proposed Senior Citizen site. 29. Mr. Joseph Sullivan suggested that the Council, because of the reactions he had read in the newspaper and the concerns expressed by Mrs. Banda, cancel the site study contract and investigate some other spot. City Manager Goss stated the site study concerns and needs, as in the Police Headquarters study, could be utilized should mother site be selected. 287 30. Mrs. Amey Stone, 1623 High Street, requested the Council to consider designating High Street one-way from Encinal to Fernside and cited the traffic problems being encountered by residents of High Street. On request of the Mayor, the Planning Director and City Manager again related the status and pro- cedures to be followed in considering the Combined Land Use Open Space and Circulation Element. Councilman Hurwitz moved the one-way designation for High Street be referred to the Traffic Advisory Committee. Mrs. Stone requested the Committee be directed to respond at the next Council meeting. After considerable further discussion of High Street traffic problems, the applicable element of the General Plan and the composition of the Committee, City Engineer Hanna stated the Committee could hold a special meeting, consider the recommendation and bring the result of that consideration to the Council at the next meeting. At the direction of President Corica, the Clerk polled the Council, who unanimously directed the Traffic Advisory Committee to consider the suggestion, and report to the Council at the next meeting. Mrs. Stone then read a letter she had received from R.E. Graham, Department of Transportation, which stated they had no plans for improvement of Route 61, and that Fernside Boulevard did not come under the jurisdiction of the State. FILING: 31. Agreement between City and Joanne Auerbach for Personal Services - HUD 701 Program. 32. Financial and Operating Report - Bureau of Electricty, for month ended November 30, 1976. ADJOURNMENT: 33. There being no further business to come before the meeting, the Council ladjourned at 12:34 a.m. to assemble in regular session on Tuesday, February 1, 1977, at 7:30 p.m. Respectfully submitted, Deputy City Clerk