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2008-11-18 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - NOVEMBER 18, 2008- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:42 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. [Note: Vice Mayor Tam arrived at 7:48 p.m.] Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Mayor Johnson announced that the recommendation to accept the Quarterly Report [paragraph no. 08 -482] and the recommendation to adopt Plans and Specifications [paragraph no. 08 -4831 were removed from the Consent Calendar for discussion. Councilmember Gilmore moved approval of the remainder of the Consent Calendar. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 4. [Absent: Vice Mayor Tam - 1.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *08 -480) Minutes of the Special Joint City Council and Public Utilities Board Meeting held on November 5, 2008. Approved. ( *08 -481) Ratified bills in the amount of $2,580,542.01. (08 -482) Recommendation to accept the Quarterly Report on implementing the Local Action Plan for Climate Protection. Councilmember Matarrese stated that he hopes staff looks to see what type of air quality grants or emergency funds are available to provide emergency power. Councilmember Matarrese moved approval of the staff recommendation. Regular Meeting Alameda City Council 1 November 18, 2008 Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 4. [Absent: Vice Mayor Tam - 1.] (08 -483) Recommendation to adopt Plans and Specifications and authorize Call for Bids for the Wilver "Willie" Stargell Avenue Extension Project, No. P.W. 10- 08 -26. Christopher Buckley, West Alameda Business Association Design Committee, stated the Committee sees the project as being the first step in extending the current streetscape treatment south of Pacific Avenue to the area north of Appezzato Parkway; work needs to be coordinated with CalTrans since Webster Street north of Atlantic Avenue is a State highway; the first step would be to reduce the speed limit from 45 miles per hour to 35 miles per hour; CalTrans will not allow Aristocrat pear trees because of their size. Councilmember Matarrese moved approval of the staff recommendation. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 4. [Absent: Vice Mayor Tam - 1.] ( *08 -484) Recommendation to authorize the City Manager to negotiate and execute Agreements with the Water Emergency Transportation Authority and Blue & Gold Fleet for the operation of the MV Gemini. Accepted. ( *08 -485) Resolution No. 14283, "Authorizing the City Manager to Apply to the California Integrated Waste Management Board for any Targeted Rubberized Asphalt Concrete Incentive Grant Offered in the Next Five Years and to Enter into All Associated Agreements." Adopted. CITY MANAGER COMMUNICATIONS (08 -486) The Development Services Director submitted a handout and discussed revenue of the Alameda Theatre and garage. Councilmember Matarrese inquired when the parking structure's northern elevation treatment would be addressed. The Development Services Director responded the bulb out in front of the marquee area would be discussed at the next Community Improvement Commission (CIC) meeting, and the northern elevation treatment would be discussed at the following CIC meeting. Councilmember deHaan inquired whether figures are available for Regular Meeting Alameda City Council 2 November 18, 2008 increased on- street parking fees. The Development Services Director responded in the affirmative; stated new enforcement is funded by the theatre and parking structure project; enforcement revenues are up for the entire business district. Mayor Johnson stated increasing the time limit [in the garage] during daytime hours should be reviewed. The Development Services Director stated the garage ticket machine has been modified so that five hours can be purchased and people can come back and buy three more hours without moving; signage needs to be changed. Councilmember deHaan inquired whether staff would be providing a quarterly report on theatre and parking structure activity and revenue. The Development Services Director responded staff would be able to provide a report after the holiday season; stated weekend parking fees will be charged at the garage after Thanksgiving. Mayor Johnson inquired how many of the 214 jobs created are in the radius of the parking structure. The Development Services Manager responded the radius is two blocks; stated the goal is to reach 325 jobs. REGULAR AGENDA ITEMS (08 -487) Resolution No. 14284, "Appointing Douglas Biggs as a Member of the Social Services Human Relations Board." Adopted; and (08 -487A) Resolution No. 14285, "Appointing Dennis M. Owens as a Member of the Historical Advisory Board (Architect Seat)." Adopted. Councilmember Matarrese moved adoption of the resolutions. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented certificates of appointment. Mr. Biggs thanked Council for the nomination; stated that he looks forward to serving on the Social Services Human Relations Board. Regular Meeting Alameda City Council 3 November 18, 2008 Mr. Owens thanked Council for the opportunity to serve on the Historical Advisory Board. (08 -488) Public Hearing to consider an Appeal of the Planning Board's denial of a General Plan Amendment for the MU2 Mariner Square Specific Mixed Use Area to permit office uses at 2400 Mariner Square Drive; and (08 -488A) Resolution No. 14286, "Overturning the Planning Board's Denial of a General Plan Amendment for the MU2 Mariner Square Specific Mixed Use Area and Approving the General Plan Amendment." Adopted. The Supervising Planner gave a brief presentation. Mayor Johnson inquired whether zoning would allow office space. The Supervising Planner responded in the affirmative; stated office space would be limited to 5,000 square feet within the mixed use area. Mayor Johnson opened the public portion of the hearing. Proponents (In favor of the appeal) : Steve Farrand, Attorney for Applicant; Ernest S. Pierucci, Recovery Resources, Cheryl Canaday, Recovery Resosurces; Nathan Cuthbert, Receovery Resources; Stephanie Lulofs, Recovery Resources; Pauline Kelley, Alameda; Lars Hansson, Alameda. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Mayor Johnson inquired whether Development Services has been consulted on the recommendation, to which the Supervising Planner responded in the affirmative. Mayor Johnson inquired whether Development Services reviewed the mixed use balance. The Supervising Planner responded in the negative; stated the General Plan is the issue; the area is a mixed use area. Mayor Johnson stated that she is sympathetic to the argument that the structure should be a restaurant; however, the area needs more economic development; the area could be revitalized by having an office with twenty -five employees. Councilmember Matarrese stated that he is not sure that restricting the structure to restaurant use is the best choice; marina services Regular Meeting Alameda City Council 4 November 18, 2008 and water related businesses are appropriate on the shoreline; the interpretation of mixed uses along the waterfront should be reviewed; the Economic Development Commission should make some recommendations; Chevy's has been closed for two years; the Tidelands closed years ago; advantage should be taken of sailing and service boat centers. The Supervising Planner stated the General Plan allows uses other than a restaurant; marine services and retail uses would be allowed; office space is limited in the General Plan. Councilmember Matarrese stated the matter should be reviewed because the office space limitation would restrict commerce that would be more appropriate than a restaurant. Vice Mayor Tam stated Alameda has limited waterfront dining opportunities and sites; Harbor Bay Business Park and Marina Village Parkway Business Park have extremely high vacancy rates; inquired whether said areas have restrictions regarding the number of employees, to which the Supervising Planner responded in the negative; inquired whether the Carriage House and Cardinal Point take up a lot of office space which results in a deficit of permitted, available office space. The Supervising Planner responded Cardinal Point was developed with a General Plan amendment that allowed 5,000 square feet of office space; the development was shifted from the entire district to just the east side; the Carriage House came in with a proposal that would use 4,000 square feet of the 5,000 square feet that was allowed within the district. Councilmember Matarrese stated there is nothing at the Carriage House site. The Supervising Planner stated the area is vested under a Planned Development amendment. Mayor Johnson inquired whether the Carriage House has an expiration [for development], to which the Supervising Planner responded in the negative. Mayor Johnson stated the ordinance should be changed to include an expiration time. Councilmember deHaan inquired how much additional office space was given to the Carriage House. The Supervising Planner responded the Carriage House is a mixed -use Regular Meeting Alameda City Council 5 November 18, 2008 building; stated office space was increased from 1,000 square feet to 4,000 square feet. Councilmember deHaan inquired what is the vacancy rate at the Marina Village Parkway Business Park, to which the Development Services Director responded approximately 200. Councilmember deHaan inquired whether the Applicant looked at other spaces. The Applicant responded that she looked at older buildings on Webster Street and around City Hall; stated parking was not adequate; that she wants to purchase a building. Councilmember deHaan inquired whether the Applicant looked at the former Tidehouse site. The Applicant responded in the affirmative; stated the former Tidehouse site is in disrepair and is operating as a law office. Mayor Johnson inquired how many employees could be accommodated at the former Chevy's site. The Applicant responded thirty employees; stated the site would accommodate growth; off -site storage would be needed. Vice Mayor Tam inquired how many of the Applicant's employees live in Alameda, to which the Applicant responded ten to twelve. Mayor Johnson inquired whether most employees are full time, to which the Applicant responded all employees are full time. Councilmember deHaan inquired whether the former Tidehouse site went through a 10,000 square foot renovation, to which the Supervising Planner responded that she would find out. Councilmember Gilmore inquired how the Pasta Pelican is doing; stated that she is concerned that there is not enough foot traffic in the area to support two restaurants. The Development Services Director responded that she does not know how the Pasta Pelican is doing; stated the Pasta Pelican tried a number of marketing programs recently; all restaurants are experiencing a slump; two Fleet Industrial Supply Center sites were leased in the last two years; both tenants vacated; adjacent buildings have high vacancy rates. Councilmember Gilmore stated that Alameda Landing proposes to put Regular Meeting Alameda City Council 6 November 18, 2008 in more retail and restaurants, which would bring direct competition to the area. Mayor Johnson stated the area is remote with not much activity; having another restaurant seems unrealistic. The Development Services Manager stated the area has had a tough time in the last few years; roadways have not been repaired because of future Alameda Landing improvements; more dust control is being done. Councilmember Matarrese stated that he is inclined to grant the appeal because entitlement banking is precluding the business; the City has to look at its position as a waterfront location and its flexibility to maximize the marine related services and recreation; restrictions could stymie development. Councilmember Matarrese moved approval of granting the appeal; stated that he would like to have the Economic Development Commission and Planning Board review the location's future to encourage water related businesses. Mayor Johnson stated that she would like to have staff review the square footage allocated to the other property owner [the Carriage House]. Councilmember deHaan stated that the Planning Board granted the Carriage House an additional 3,000 square feet in 2003. Mayor Johnson stated the Council did not make the decision. Councilmember Gilmore stated the restaurant struggled and changed operators; the Planning Board thought that losing one restaurant was not a concern because the Pasta Pelican and Chevy's were thriving; the area did not have any office space. Councilmember deHaan stated that he wants consistency in the decision making process. Councilmember Gilmore inquired what would be the total office space square footage if the proposed office use is approved and the Carriage House built out to capacity. The Supervising Planner responded approximately 10,000 square feet; stated the former Chevy's space is a little less than 6,000 square feet; the approval for the Carriage House is approximately 4,000 square feet. Regular Meeting Alameda City Council 7 November 18, 2008 Councilmember Gilmore inquired whether the Cardinal Point area lost approximately 20,000 square feet of office space. The Supervising Planner responded in the affirmative; stated there was a two -story office building and a number of rail cars strung together as offices in addition to retail offices; everything was demolished to construct Cardinal Point and the boat storage area; the General Plan amendment allowed 5,000 square feet of office space on the east side of Marina Square Drive. Councilmember Gilmore inquired whether there is approximately 15,000 square feet less office space with the General Plan amendment than before Cardinal Point was built, to which the Supervising Planner responded approximately. Mayor Johnson inquired whether the Carriage House applied for a specific project or just a change in land use. The Supervising Planner responded the Carriage House applied for a Planned Development amendment; stated Cardinal Point had a Planned Development; the Planned Development amendment approved by the Planning Board allowed the Carriage House site to be all office space. Mayor Johnson inquired whether a specific project was proposed. The Supervising Planner responded in the affirmative; stated the project went through the design review process but was never constructed. Mayor Johnson stated the process needs to require a specific time for moving forward with a project; the building permits have expired. The Supervising Planner stated the Planned Development is still approved. Mayor Johnson stated Council needs to be careful in granting approval if there is limited square footage for a particular use; applicants are able to land bank and not move forward with the project. Councilmember Gilmore stated the City has had issues with land banked, blighted buildings; the Silver building was vacant for years on Park Street; the City did not have the tools to force the owner to repair and rehabilitate the building; the Carriage House is very similar; the City should consider specific timeline requirements for projects moving forward. Regular Meeting Alameda City Council 8 November 18, 2008 Mayor Johnson suggested that staff check the conditions of the approval to see if the City has any leverage. The Planning and Building Director stated the Planned Development is a zone change which stands by itself; the issue is some General Plan policies not being broad enough and dealing with the actual square footage; zoning should address square footage. Mayor Johnson stated there was a General Plan amendment for the property that allocated the square footage; a different process is needed. Councilmember Matarrese restated the motion to move approval of granting the appeal and additional square footage necessary to implement the change of use of the former Chevy's building. Councilmember deHaan seconded the motion; stated that he has concerns about being consistent. The City Manager stated Council has been provided with a resolution that would overturn the Planning Board's denial of a General Plan Amendment for the MU2 Marina Square specific mixed use area and approve the General Plan Amendment that would make the appropriate findings. On the call of the question, the motion carried by unanimous voice vote - 5. Councilmember Matarrese directed that the Planning Board and Economic Development Commission: 1) examine whether the current set of overlays and restrictions are appropriate in the Mariner Square area and points east connecting up to the northern waterfront; 2) review the issue of entitlement and expiration of same; and 3) review the connection of the Mariner Square area to what is going on at Alameda Landing and points west. Councilmember deHaan stated Alameda Landing would be the focal point for restaurants. Councilmember Matarrese requested that the Planning Board and Economic Development Commission send Council a formal recommendation with an actual vote taken on the matter. (08 -489) Recommendation to approve the Alameda Theater Community Use Policy and Fee Schedule. The Redevelopment Manager gave a brief presentation. Regular Meeting Alameda City Council 9 November 18, 2008 Mayor Johnson inquired whether the policy includes liability insurance, to which the Redevelopment Manager responded in the affirmative. Councilmember Gilmore inquired whether the cleaning fee would not apply if 400 people attend an event. The Redevelopment Manager responded that the cleaning fee schedule would be changed to reflect a cleaning fee for 400 people attending. Councilmember deHaan stated the cleaning fee might be a deal breaker. The Redevelopment Manager stated the cleaning fees would come directly from Alameda Entertainment. Councilmember deHaan inquired whether the $48 per hour fee would cover full cost recovery. The Redevelopment Manager responded that an Alameda Entertainment Event Coordinator is very knowledgeable regarding the issue and would oversee management of events. Councilmember deHaan inquired whether the fees are within the ballpark of other fees charged, to which the Redevelopment Manager responded the fees are higher. Councilmember deHaan inquired whether there has been interest within the community [for use of the Alameda Theatre]. The Redevelopment Manager responded the operator has received a number of calls; stated that she and the Recreation and Parks Department have received calls also. Councilmember deHaan stated the fees could prohibit use for graduations. The Redevelopment Manager stated fees could be changed. Mayor Johnson stated that Paramount Theater events are very expensive; people need to understand that clean up cannot be done by volunteers; appropriate fees need to be charged; otherwise, the City would be subsidizing private events for non - profit organizations; renting the Alameda Theatre cannot be compared to renting Lincoln Park. Regular Meeting Alameda City Council 10 November 18, 2008 The Redevelopment Manager stated a rental fee would not be charged. Councilmember Gilmore inquired whether the total security deposit would be $2,500; further inquired whether the deposit could be refunded entirely other than the $25 processing fee and cleaning costs. The Redevelopment Manager responded details have not been ironed out. Councilmember Gilmore stated the cleaning fees would be $48 per hour for one staff person up to a maximum of six hours; there would be $2,500 security deposit and a maximum $500 clean up fee; a lot of the money could be refundable. Councilmember Matarrese stated a $1 million insurance policy would be bought; a lot of tax dollars were invested in the restoration project, which needs to be protected; staff has done a great job in putting together a fair, detailed policy. Vice Mayor Tam stated the event sponsor would get the deposit back if the facility is left in pre -use condition; the total deposit would be forfeited and the event would be cancelled if staff deems that the situation is uncontrollable and must call for police intervention; the event sponsor incurs the cost when Oakland's Police Department is called to provide crowd control and security; inquired whether the City has a similar policy. The Redevelopment Manager responded in the affirmative; stated the applicant would pay for associated costs through the permit process. Mayor Johnson inquired whether the fee would be separate from the security deposit, to which the Redevelopment Manager responded in the affirmative. Mayor Johnson inquired whether fees would need to be deposited within a certain time of the event. The Redevelopment Manager responded in the affirmative; stated $500 would be required at the time of reservation; the remaining $2,000 would need to be deposited within three weeks of the event. Councilmember Gilmore requested that staff provide an Off Agenda report regarding the number of calls and bookings within six months after the fees go into affect. Councilmember deHaan inquired what would be the cost for handicap Regular Meeting Alameda City Council 1 1 November 18, 2008 access to the stage. The Redevelopment Manager responded that she does not know; stated the cost would be paid by the applicant. Councilmember deHaan stated hopefully stage access would be permanent at some point; consecutive dates are not addressed. The Redevelopment Manager stated the operator can reject certain dates based on the lease but needs to provide two alternative dates within fifteen days of dates requested. The City Manager stated the issue is addressed in Availability #2. Vice Mayor Tam moved approval of the staff recommendation subject to disclosure on expenses that would be associated with temporarily providing handicap stage access and with direction to have staff provide a status report on fee schedule impacts for community use and availability within six months. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. COUNCIL COMMUNICATIONS (08 -490) Vice Mayor Tam stated that she attended the East Bay Division for the League of California Cities meeting last Thursday; David Stark, East Bay Association of Realtors, gave a housing market update for Alameda and Contra Costa counties; Alameda's home values have declined approximately 18.90; there has been a substantial increase in the volume of homes sold because of potential bargains; the number of people who can afford the median price home in the Bay Area has increased because of declined prices. ORAL COMMUNICATIONS (08 -491) Carol Ogle - Delling, Alameda, requested that Council consider reducing or waiving fines imposed at 1538 Lafayette Street. Mayor Johnson inquired what are the plans for the property; further inquired whether Ms. Ogle - Delling is living at the property. Ms. Ogle - Delling responded that she is staying at the property; stated that she plans to purchase the property or place the property on the open market. Mayor Johnson inquired whether Ms. Ogle - Delling is claiming a Regular Meeting Alameda City Council 12 November 18, 2008 financial hardship; stated the house is worth a lot of money which would go to the estate. Ms. Ogle - Delling stated that she is here to put the blame where it is due, which is on her brother. Mayor Johnson stated that she is not sure whether Council has the ability to reduce or waive the fines. Ms. Ogle - Delling stated that she understands that Council is the only entity that can reduce or waive the fines. Mayor Johnson stated that she would need to discuss the matter with the City Attorney. (08 -492) Norma Arnerich, Alameda, submitted handout; discussed the closure of the Mif Albright Par 3 Course; urged Council to consider reopening the Course. COUNCIL REFERRALS None. ADJOURNMENT There being no further business, the meeting was adjourned at 9:42 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 13 November 18, 2008