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2006-12-05 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - DECEMBER 5, 2006- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:50 p.m. Councilmember Daysog led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (06 -577) Mayor Johnson announced that the Council Meeting would be recessed after the Consent Calendar to convene the Special Joint City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission Meeting. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Councilmember Matarrese moved approval of the Consent Calendar noting that the recommendation to authorize the City Manager to negotiate a Purchase Agreement in the amount of $99,500 [paragraph no. *06 -585] includes the purchase of six All - Electric Vehicles; congratulated the Public Works Department for finding said vehicles. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *06 -578) Minutes of the Special Joint City Council and Alameda Reuse and Redevelopment Authority and Regular City Council Meetings held on November 21, 2006. Approved. ( *06 -579) Ratified bills in the amount of $577,921.72. ( *06 -580) Recommendation to accept Impact Fee Report for Police and Fire Services. Accepted. ( *06 -581) Recommendation to accept the Affordable Housing Ordinance Annual Review. Accepted. ( *06 -582) Recommendation to accept the Public Art Ordinance Annual Regular Meeting Alameda City Council 1 December 5, 2006 Review. Accepted. ( *06 -583) Recommendation to accept Annual Review of the Citywide Development Fee and the Fleet Industrial Supply Center Catellus Traffic Fee. Accepted. ( *06 -584) Recommendation to award Professional Services Contract in the amount of $337,000, including contingencies, to Marine Express, Inc., for the Main Street Ferry Terminal Barge Maintenance Project. Accepted. ( *06 -585) Recommendation to authorize the City Manager to negotiate a Purchase Agreement in the amount of $99,500, including contingencies, to Cabral Chrysler Jeep, Suzuki to purchase six All - Electric Vehicles. Accepted. ( *06 -586) Recommendation to authorize the Fire Chief to apply for Assistance to the Firefighters Grant Program for an amount up to $419,145 to develop and administer a Technical Rescue Program. Accepted. ( *06 -587) Resolution No. 14043, "Declaring Canvass of Returns and Results of the Consolidated General Municipal Election Held on November 7, 2006." Adopted. ( *06 -588) Resolution No. 14044, "Amending Resolution No. 10001 to Update Signing Authority for Local Agency Investment Fund." Adopted. ( *06 -589) Resolution No. 14045, "Reappointment T. David Edwards as Trustee to the Alameda County Mosquito Abatement District Board." Adopted. ( *06 -590) Resolution No. 14046, "Authorizing Open Market Purchase of Software Licenses for the Laserfiche Electronic Document Imaging System from ECS Imaging, Inc for City -wide Usage." Adopted. ( *06 -591) Introduction of Ordinance Amending Ordinance Nos. 2559, 2681, 2835, 2844, 2857, and 2896 and Approving and Adopting the Sixth Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project. Introduced. * ** Mayor Johnson called a recess at 7:55 p.m. and reconvened the Regular City Council Meeting at 7:58 p.m. * ** REGULAR AGENDA ITEMS (06 -592) Public Hearing to consider an Appeal of the Planning Regular Meeting Alameda City Council 2 December 5, 2006 Board's Approval of Major Design Review DR06 -0002 for 3292 Washington Street; and (06 -592A) Resolution No. 14047, "Approving to Send the Design Back to the Planning Board for Consideration to Make the Addition More Compatible with the Single Story Characteristics of the Neighborhood; i.e., Setting the Second Story Back in a Fashion that Would Not Affect the Appearance from the Street." Adopted. The Supervising Planner gave a brief Power Point presentation. Vice Mayor Gilmore inquired how far back the bulk of the second - story addition is from the property line, to which the Supervising Planner responded approximately twenty feet. Vice Mayor Gilmore requested an explanation on the historic and non - historic design review guidelines. The Supervising Planner stated the residential design review guidelines have a series of guidelines for second stories; the subject building is non - historic; additional guidelines address historic building additions. Mayor Johnson inquired whether the guidelines are more specific to certain structures, to which the Supervising Planner responded in the affirmative. Councilmember Daysog stated photos show shading on December 5 at 11:30 a.m. and September 30 at 10:00 a.m.; inquired what would be the current shade at 8:00 a.m. and how the shade would change with a two -story structure next door. The Supervising Planner responded reflected light would be less with a two -story structure; stated the sky would be less visible; no one has argued that the addition would not affect the neighbor's livability. Mayor Johnson inquired what is the existing square footage of the house, to which the Supervising Planner responded approximately 1,000 square feet. Councilmember deHaan stated a comparison is easy because a large home already exists next to similar property; noted that there was full sun at 10:00 a.m. today; stated similar structures were in full shade; the kitchen and eating areas are in the center of the house. Mayor Johnson opened the public portion of the hearing. Proponents (In favor of appeal): Ann Quintell, Alameda; Gina Regular Meeting Alameda City Council 3 December 5, 2006 Mariani, Alameda; Charles Wolf, Alameda; Steven Lau, Alameda; David McCarver, Appellant. onents (Not in favor of appeal): None. Vice Mayor Gilmore inquired whether the Appellant would ever consider a second -story addition to the Applicant's house. The Appellant responded a person should buy a five - bedroom home if a five - bedroom home is needed; stated an individual should not be allowed to transform a home in a neighborhood with uniform structures; the Applicant's second -story deck takes full advantage of the sun that would be taken away from his house; he is working on an ordinance with neighbors that would require that design review guidelines be followed and that second -story additions should be sufficiently set back to maintain the one -story character of the neighborhood. Vice Mayor Gilmore inquired whether the Appellant would entertain a second -story addition under limited circumstances. The Appellant responded a rear addition would be acceptable. Vice Mayor Gilmore stated any second -story addition would shade the Appellant's house. The Appellant stated a rear addition would not shade his kitchen and family room areas. Mayor Johnson inquired whether the Appellant was referring to a rear, second -story addition. The Appellant responded in the affirmative; stated most neighborhood additions are rear additions built on the back of the house to provide a one -story character. Councilmember deHaan inquired whether the Appellant shared that he would accept a rear, set back addition. The Appellant responded he would not be at tonight's meeting if the Applicant's needs could be met with a rear second -story addition. Councilmember deHaan inquired whether the Appellant would be hampered by the Applicant going further back to the fence line. The Appellant responded that he would need to see the plans; stated he would be more amicable to the idea instead of what is currently requested. Vice Mayor Gilmore stated the Applicant could get more square Regular Meeting Alameda City Council 4 December 5, 2006 footage by going over to the existing wall. Councilmember Matarrese stated the project is not compatible with the adjacent and neighboring buildings and does not match the ranch style houses; the project must meet all three requirements for design review approval. Mayor Johnson inquired whether the Applicant or architect were present; further inquired whether the Applicant wished to speak. The Applicant indicated the architect was not present and she did not wish to speak. Councilmember Matarrese stated the project does not meet the criteria for design review approval; the Appellant has requested that the project be denied as proposed and that the addition be sufficiently set back to retain the one -story residential neighborhood character. Mayor Johnson inquired whether neighborhood on the ordinance responded in the affirmative. the Appellant is working with the issue, to which the Appellant Mayor Johnson stated the area is predominately a single -story neighborhood; the ordinance could be modified to reflect that the neighborhood is a single -story area. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Mayor Johnson stated she wished the project architect was present; she would prefer to have the project meet the size and scale of the neighborhood and reflect the neighborhood's character. Councilmember deHaan stated the lot configuration provides the Applicant with an opportunity to build a single -story addition; he would be leery of a second -story addition; he is concerned with the sunlight factor. Vice Mayor Gilmore stated the current zoning code permits second - story additions if design guidelines are met; R -1 neighborhoods would be down zoned across the City if Council unilaterally decided not allow the Applicant to build a second -story addition; arguments could be made regarding the appearance of the second -story addition; the shading issue might not be eliminated by moving the second -story addition closer to the property line. The Supervising Planner stated moving the second -story addition closer to the property line might help; the shading study shows that moving the addition further away from the Appellant's house Regular Meeting Alameda City Council 5 December 5, 2006 would reduce the impact; he understands that the Appellant does not mind the back side shading; the Appellant believes that relocating the master bedroom to the back of the house would open up the kitchen and dining area sunlight; the approach could be explored. Vice Mayor Gilmore inquired whether a quick test could be done without doing a full -scale redesign; further inquired whether computer modeling could be done. The Supervising Planner responded computer modeling could be done; stated he would prefer that Council pose the question directly to the Appellant; computer modeling cannot be done quickly; Council would need to remand the matter back to the Planning Board for redesign. Councilmember Matarrese concurred with Vice Mayor Gilmore regarding an allowed second -story addition in the neighborhood; stated other property owners enjoy the right to add a second story and the right cannot be denied to the Applicant; three conditions need to be met for design review approval; the current proposed design is not compatible with the adjacent and neighboring buildings; he would like to send the matter back to the Planning Board to consider redesign that models the Appellant's suggestion to set the addition back from the street in order to retain the one -story character of the neighborhood; the shade issue would be addressed. Mayor Johnson stated she would like to address the neighborhood's size and scale also; the neighborhood's size and scale would not be maintained by doubling the house size. Vice Mayor Gilmore stated she would like to hear from the Applicant; statements have been made regarding size, scale and shading issues; suggestions have been made to send the project back to the Planning Board to consider moving the second -story addition over to the existing wall of the house and setting the front of the second -story addition back. The Applicant stated that she does not have problems with making any changes; she has been working patiently with the neighbors for the last fifteen months. Mayor Johnson stated the project got off to a bad start for both sides; an internal error occurred on the City's side; she hopes that the neighbors can patch up the relationship. Vice Mayor Gilmore stated she is not convinced that any second - story addition would provide the Appellant with sunlight within the specified areas of the home; she would be hard pressed to deny the project based solely on a shade issue because the zoning ordinance allows for second -story additions; she encourages the two neighbors Regular Meeting Alameda City Council 6 December 5, 2006 to work out the situation. Mayor Johnson stated the important factors are the size, scale, and architectural style of the neighborhood; a tree can cause shade. Councilmember deHaan stated an opportunity exists to go back towards the fence to gain approximately fifteen feet. Councilmember Matarrese moved approval of sending the design back to the Planning Board for consideration to make the addition more compatible with the single -story characteristics of the neighborhood; i.e., setting the second story back in a fashion that would not affect the appearance from the street. Vice Mayor Gilmore stated specific direction is needed to review the entire shading issue, the front house being set back, and the addition moving over toward the wall of the house closest to the property line. Councilmember Matarrese stated the current design is not compatible with the adjacent buildings; the Appellant stated the second -story addition would be acceptable if pushed back from the front; the neighbors can work on the shading issue. Councilmember deHaan stated the shading issue is easily identified because existing housing has similar conditions; a lot of analysis would not be necessary. Councilmember Matarrese stated he would be hard pressed to turn the project down because of the shading issue; the Applicant and Appellant are encouraged to work things out to ensure that a certified design is presented to the Planning Board. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. (06 -593) Recommendation to adopt Amendment No. 1 of FY 2006 -07 Community Development Block Grant (CDBG) Action Plan and to authorize the City Manager to negotiate and execute grant agreements and related documents. The Development Services Director gave a brief presentation. Mayor Johnson opened the public portion of the hearing. George Phillips, Alameda Boys and Girls Club, thanked Council and City staff for recognizing the importance of a partnership with the Boys and Girls Club for the youth facility; stated he welcomes any opportunity to receive help from the City. Liz Varela, Building Futures with Women and Children, thanked Regular Meeting Alameda City Council 7 December 5, 2006 Council and City staff for supporting the Midway Shelter's program. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Mayor Johnson thanked the Social Services Human Relations Board (SSHRB) ; stated the SSHRB works with non - profits to make CDBG distribution recommendations to Council. Councilmember Daysog stated Blight Busters fund a program to clear blighted properties in redevelopment areas; inquired whether picking up trash is included; stated there is trash in the Webster Street Tube and at the entrance to Alameda; inquired whether said area would be eligible. The Development Services Director responded the program is for capital projects and involves demolition; the proposal is to take down as many as four blighted Alameda Point structures. Councilmember Daysog moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (06 -594) Ordinance No. 2955, "Approving and Authorizing the Execution of a Lease Agreement Between the East Bay Regional Park District, as Lessee, and the City of Alameda, as Lessor, as an Urgency Ordinance for a 66 -Year Lease for the Development of the San Francisco Bay Trail Project at Alameda Point." Passed. The Development Services Director gave a brief presentation. Mayor Johnson opened the public portion of the hearing. Doug Siden, East Bay Regional Park District, thanked Council and City staff for efforts made. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Councilmember Daysog inquired whether the staff report made reference to the USS Hornet Park or Hornet Park. The Finance and Administration Division Manager responded the referenced area is Hornet Field. Councilmember Daysog moved passage of the urgency ordinance. Councilmember Matarrese seconded the motion. Regular Meeting Alameda City Council 8 December 5, 2006 Under discussion, Councilmember Matarrese stated the area is not just a strip of asphalt along the Bay but is an empty half a million - dollar park development. Councilmember Daysog stated the project was one of the first he worked on outside of City Council; tremendous strides have been made with the East Bay Regional Park District. On the call for the question, the motion carried by unanimous voice vote - 5. Mayor Johnson called a recess at 9:13 p.m. and reconvened the Regular Meeting at 1:07 a.m. ORAL COMMUNICATIONS, NON- AGENDA (06 -595) Jean Sweeney stated she called CalTrans to see if the City would be able to adopt Webster Street; CalTrans advised her that Kiwanis adopted the land; Kiwanis advised her that probably the Webster Street Tube and entrance would be cleaned up; she did not follow up on the matter. COUNCIL COMMUNICATIONS (06 -596) Councilmember Matarrese stated it has been a pleasure serving with Councilmember Daysog; noted he first met Councilmember Daysog on the Economic Development Commission ten years ago. Councilmember Daysog stated it has been a pleasure working with the past and present Council. Vice Mayor Gilmore thanked Councilmember Daysog for his dedication. Mayor Johnson stated Council will miss having Councilmember Daysog on the Council; Councilmember Daysog's historical prospective is appreciated; Councilmember Daysog has seen the City go through many trying times. Councilmember Daysog stated times were tough when he first got involved in 1994; people were selling homes below value because the Naval Air Station was closing and the economy was not great. Councilmember deHaan stated that he and Councilmember Daysog worked together on the Base Reuse Advisory Group (BRAG); noted that not many Councilmembers have served with such dedication as Councilmember Daysog has done for ten years. Councilmember Daysog stated that he has never missed a regular Council meeting. Regular Meeting Alameda City Council 9 December 5, 2006 Mayor Johnson stated that Councilmember Daysog has done a lot for the community; Alameda is in a much better place because of the ten years Councilmember Daysog served on the Council. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 1:18 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 10 December 5, 2006