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Minutes - San Leandro City Council Meeting - November 5, 1990 Page - 7 - <br /> MISCELLANEOUS (continued) <br /> The following Resolution was then introduced: <br /> RESOLUTION NO. 90-230 (1102-7/1123) <br /> RESOLUTION SUPPORTING THE REPEAL OF SB 2557 <br /> Introduced by Council Member Santos who moved its adoption, seconded by Council <br /> Member Polvorosa and carried by the following called vote: <br /> AYES: Council Members Corbett, Faria, Polvorosa, Santos; <br /> Mayor Karp ( 5 ) <br /> NOES: None ( 0 ) <br /> ABSENT: Council Member Perry ( 1 ) <br /> ABSTAIN: Council Member Glaze ( 1 ) <br />• c. Mrs. Maryellen Seigal spoke regarding 2006 West Avenue 135th. She said she <br /> is trying to build a duplex on the site and the City is requiring that she <br /> remove the old roadway on Menlo Street and put in a new roadway. She said <br /> she did not understand why she was being required to do this work because <br /> Menlo Street is not a dedicated roadway and the work would cost $30,000. <br /> Council Member Santos said he had talked to Mrs. Seigal about this matter <br /> and said it was his understanding that she was being required to put in the <br /> full street improvements and did not understand why she had to do this work <br /> when this was not being required of any other adjacent property owners. <br /> Bill Silva, City Engineer, said the issue is obtaining a Building Permit for <br /> construction of a duplex on a lot that already has a single-family unit. <br /> He said the Municipal Code requires that, before a Building Permit can be <br /> issued, the property owner must guarantee construction of full improvements. <br /> He said another section of the Municipal Code allows exceptions, but this <br /> lot will have three units and the exceptions relate only to a single-family <br /> unit. He said there is no other mechanism for construction of the <br /> improvements. The City cannot use gas tax funds because the street is only <br /> 35 feet wide and the Streets and Highways Code requires that streets must <br /> be at least 40 feet wide in order to use gas tax funds. <br /> The City Council asked why Mrs. Seigal would be required to do work on Menlo <br /> Street when her property fronted on West Avenue 135th. Mr. Silva said, in <br /> the case of a corner lot, both streets are considered frontage. The City <br /> Council made a number of comments related to discussions that have taken <br /> place in previous years regarding Menlo Street. They said it was their <br /> understanding that it was a non-dedicated street and that it could stay <br /> unimproved until major development took place in the area. They said they <br /> did not feel it was equitable for Mrs. Seigal to be required to build the <br /> full width of the street improvements. <br />