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1999-02-02 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -FEBRUARY 2, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:36 p.m. Councilmember Kerr led the Pledge of Allegiance. Reverend Daniel Weller, Alameda Community Church, gave the Invocation. ROLL CALL - Present: Absent: 4 kb= ti4k None. rfInncilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. None. PROCLAMATION'S, SPECIAL ORDERS OF TEE DAY AND ANNOUNCEMENTS (99-56) Mayor Appezzato announced that he discussed Urban Warrior this past week in Washington D.C.; Urban Warrior is a U.S. Marine Corps Navy exercise in urban areas to deal with natural disasters and terrorist actions in the United States and foreign countries; stated the cities of Chicago, New York, Charleston, Jacksonville, and Monterey have welcomed this exercise; that he and Councilmember Johnson met with Oakland's Mayor and City Manager; the demonstration will occur between March 14 and 24 in Oakland and the City of Alameda will provide support; Police and Fire Departments will be working together with federal forces in command and communications; the public is invited to attend events. Councilmember Johnson stated Urban Warrior is an opportunity for Alameda to prepare for c'nergency preparedness. (99-57) Mayor Appezzato announced the First Lady is chairing the White House Millennium Council; mayors have been asked to establish programs for the new millennium; that he addressed Library 2000 and will be addressing the [Alameda Historical] Museum; the theme is "honor our past and imagine our future"; thP4- he would like to establish a group to remember where we have been, where we are now, and where we would like to go in the new millennium; some ideas are to create a millennium trail, take a flight of imagination to Mars, bring poetry into the future, protect the environment, expand our horizons, celebrate diversity, and promote a spirit of service. Councilmember Johnson stated if Alameda salects something to work towards, the millennium program could provide a sense of community; that she hopes a worthy project is selected. Regular Meeting Alameda City Council February 2, 1999 Mayor Appezzato announced the Minutes [paragraph no.99 -58] and conversion of the Annual Spring Clean -Up [paragraph no. 99 -59] were withdrawn from the Consent Calendar for discussion. The City Council, by consensus, approved the remainder of the consent calendar. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (99 -58) Minutes of the Special and Regular City Council Meetings held on January 19, 1999 and the Special Joint City Council and Community Improvement Commission Meeting (Closed Session) held on January 19, 1999. Councilmember Kerr stated on page 19, paragraph 6, that she was referring to the mid-day- and weekend trips when she was referring to the number of people getting off at the Fisherman's Wharf and the ferry building; requested City Clerk to add "in mid -day trips and on weekend trips" after "ride on to Fisherman's Wharf ". Councilmember DeWitt moved approval of the Minutes as amended. Councilmember Kerr seconded the motion, which carried by .lnanimous voice vote - 5. (99 -59) Recommendation to authorize conversion of the Annual Spring Clean -Up to an On -Call Pick -Up Program, formalize the Bulky Recycling Program as a fall event and investigate expanding the Clean -Up Program to Multi - Family Properties. [810 -10] Mayor Appezzato requested the staff to briefly review the matter. The Public Works Director gave a brief history of the Spring Clean - Up Program; stated the City worked with Waste Management to come up with the On -Call Program to improve the program. In response to Mayor Appezzato's inquiry, the Public Works Director stated residents can call any time throughout the year to schedule a pick -up; clarified the annual pick -up is for non- recyclable material and bulky pick -up is for items which can be recycled, e.g. refrir rat.ors, washers, dryers, etc. Councilmember Johnson stated people need to be informed the service is available. Mayor Appezzato suggested the Bureau of Electricity bills be used to inform residents of the service. Councilmember Kerr inquired whether only one pick -up is permitted, to which the Public Works Director responded in the affirmative. Regular Meeting Alameda City Council February 2, 1999 Councilmember Kerr moved acceptance of the staff recommendation. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (*99-60) Resolution No. 13090, "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting Assessment District 84-2." Adopted. (*99-61) Understanding and Police Technicians of Alameda for the December 31, 2001." "Approving Memorandum of Salary Resolution between the Unrepresented and Animal Control Officers Group and the City Period Commencing December 20, 1998 and Ending Adopted. t* l• (*99-62) Ratified bills in the amount of $1,875,450.56. 4 (99-63) Public Hearing to consider an appeal of the Historical Advisory Board's approval of a Certificate of Approval, CA-98-9, to permit the demolition of an addition constructed in 1936 to a building located at 1119 Lafayette Street for the St. Joseph's Community. This building is listed on the Historical Building Study List. Applicant: Fr. Jeremiah Holland, SS.CC, for Bishop John S. Cummins, Diocese of Oakland. Appellant: Deborah Oliveri; and (99-63A) Resolution No. 13092, "Upholding the Historical Advisory Board's Approval of Certificate of Approval, CA-98-9, at 1119 Lafayette Street." Adopted. Vice Mayor Daysog stated that at the direction of the Acting City Attorney, he will transmit information which he gathered regarding the Appeal as a result of [discussions while] walking through the neighborhood this evening; e.g., 1) Mr. Mackey's concern in regard to basketball game parking and Chestnut [Street] thoroughfare remaining accessible, especially for emergency vehicles traveling to the Alameda Hospital; 2) the Kelleher residence's concern in regard to a need to review the vision planned around the area; that the issue is not just the parking lot, but expansion of a new basketball facility; and, 3) Ms. Dignon's concern regarding the need to preserve the space for children, because parking would take away a play area. Following the Vice Mayor's comments, Mayor Appezzato opened the public portion of the Hearing. Proponents: Deborah Oliveri, Appellant Dave Witt, Alameda Alan Asker, Alameda Regular Meeting Alameda City Council February 2, 1999 Jim Dignon, Alameda Paul Breitkopf, Alameda Jim Mackey, Alameda John Niemiec, Alameda Opponents: Chuck Johnson, Alameda Kenneth Hoeshen, Alameda Frances Hoeschen, Alameda Marjorie Taylor, Alameda Richard Davis, Alameda Catalina Ramos, Alameda Tom Billings, Alameda George Phillips, Alameda Dean Hunt, Latter Day Saints Church Philip A. Gravem, St. Joseph Notre Dame Jim Stonehouse, Alameda Larry Bolton, St. Joseph Notre Dame Peter Vajk, St. Joseph Notre Dame High School Sue Spiersch, Alameda Josiah Lewis, Alameda Stephen Macmanus, Alameda Steve Arlett, St. Joseph Notre Dame Steve Mullin, St. Joseph Basilica Pat McDermott, Muller & Caulfield Architects Alan Dreyfuss, Architect Michael Joyce, Alameda Tom Sullivan, St. Joseph Elementary School Advisory Board Tony Aiello, St. Joseph Community Eugenie Thomson, Traffic Engineer for St. Joseph Following Mr. Billing's comments, Vice Mayor Daysog requested the Planning Director to review the proposed changes for the School. The Planning Director stated that she did not come prepared to review the Master Plan; the footprint of the School does not change; changes include: 1) addition of a theater, classrooms and administrative offices; 2) establishment of a gymnasium second story to provide additional viewing areas; 3) demolition of some existing buildings and construction of new facilities; 4) reconfiguration of Chestnut Street to improve safety and drop -off traffic flow; the Plan has been filed and is incomplete; staff is working with the School to make changes. In response to Vice Mayor Daysog's inquiry regarding requirements, the Planning Director stated a Use Permit and Environmental Review are required; an Initial Study has not been completed because the Project is not finalized; an Initial Study will access the impacts and could lead to the requirement to prepare an Environmental Impact Report [EIR]. Regular Meeting Alameda City Council February 2, 1999 Vice Mayor Daysog further inquired whether the proposed parking lot [being considered this evening] is functional to the rest of the expansion, to which the Planning Director responded that said matter was discussed with the Applicant; the Applicant would like to proceed with this aspect of the Project [demolition of structure to provide parking], even if approval is not received for the expansion. In response to Councilmember DeWitt's inquiry regarding the kindergarten play area, Mr. Stonehouse affirmed the play area would be located next to the classroom; stated the eh-tire space would be used for parking, except a landscaped area in front of the classroom. Following comments made by the Applicant's architect [Mr. McDermott], Vice Mayor Daysog inquired whether Council could review the matter on a du novo basis and consider everything in totality, to which the Planning Director responded Council can consider all testimony whether or not it was heard by the HAB; the Alameda Municipal Code provides said direction to the Council: the Council shall reverse or amend the decision of the Board relative to alterations, only if it finds the Board's actions to be inconsistent with the purposes of this Section; the purposes include: the preservation and protection of historic sites and monuments; Council would need to find the structure is historic or has architectural mer4t. In response to Vice Mayor Daysog's inquiry regarding additional gymnasium seating, the Applicant's Architect responded 280 seats would be added; and currently there are 750 seats. Vice Mayor Daysog further inquired for which grade level the School intends to use the proposed additional classrooms, to which Mr. McDermott responded some [classrooms] are to replace rooms which have been given to the Church for administration uses; stated others provide additional classrooms; the intent is for the School to be brought up to more modern standards of square footage per student. In response to Mayor Appezzato's inquiry regarding the footprint, the Architect stated that there are changes in the footprint. Councilmember Kerr inquired whether use of the gym at Alameda Point was considered, to which Mr. McDermott responded that he was aware the option was reviewed; suggested Mr. Stonehouse review details. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Vice Mayor Daysog stated there is a larger issue than parking which is what the Master Plan entails; questioned whether Council should Regular Meeting Alameda City Council February 2, 1999 move forward absent certainty of the impacts of the Master Plan; stated there will have to be an EIR on the Master Plan; cumulative impacts of the entire Plan should be reviewed; Council should determine how the proposed parking lot [from demolition of the additional structure] relates to other impacts; that he does not want to move forward with affirming the Historical Advisory Board's [HAB] decision because the parking issue is linked to the Master Plan. Councilmember Kerr stated the historical value of the addition must be evaluated in the context of the surrounding neighborhood decisions are not made in a vacuum ; - it is chronologically inconsistent to focus on one small part of the area without considering the Master Plan; that she leans toward preservation of neighborhoods; the division between the building and the addition is not visible from the street; the architectural detail was continued throughout the addition; inquired whether the City is legally required to act on the matter tonight. The Acting City Attorney stated it is permissible to continue the matter and address it at a later Council meeting, however, the matter of the specific Plan is not before Council tonight and generally may not have much impact on the historical value of the addition; Council is allowed to look at the totality of circumstances and the evidence in the record for the purposes of this appeal. Councilmember Kerr stated that she would like to see the ,to of the circumstances before making a decision. y Councilmember Johnson stated that she is interested in the preservation of historic structures, the architect's information supports the HAB; Mr. Dreyfuss, architect, concluded: 1) there is not historical value, and 2) removal of the addition would be a benefit because it will help restore the building to its original structure; the Master Plan will be considered in the future; there is not sufficient evidence to reverse the HAB's unanimous decision; precedence are not set by the HAB because cases review the individual value of the structure; that she supports upholding the HAB's decision. Councilmember DeWitt stated Council has to evaluate whether this is a historical building; the HAB unanimously decided the addition, is not historical; if he decided the structure is of historical value, he would be denying the experts; the School's decision to use the space for parking should not be denied if it is a reasonable use; moved Council deny the appeal [approve the staff recommendation]. Councilmember Johnson seconded the motion. Under discussion, Mayor Appezzato stated that he walked through the Regular Meeting Alameda City Council February 2, 1999 building; the addition is detached; there is a significant difference between the [Church of] Latter Day Saints case which proposed demolition of an entire home; further stated demolition of the addition will not detract, but will add to the neighborhood by restoring the Victorian home to its original beauty; the City Council may reverse or amend the decision of the HAB, only if it finds the Board's actions were inconsistent with the purpose the Alameda Municipal Code: to identify and protect historic resources; that he will support the unanimous decision of the Board. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Johnson and Mayor Appezzato 3. Noes: Vice Mayor Daysog and Councilmember Kerr - 2. (99-64) Recommendation to reallocate funds earmarked for Skate Park Design to Skate Park Construction. The following youth gave a presentation on the Skate Park: Casey Fenton, Daniel Osborne, Eric Montez, Hazel Mottershead, Nina Quintero, Patrick Baher, Jessica McCoy, Brianna Lengel, Matt Conboy. The presentation included a history of the Skate Park; a slide show of parks constructed by Inter Play Design [Skate Park consultants]; and discussion oL construction and maintena-ce plans, the Park's location, supervision at the Park and upcoming events. Hugh McKay, Alameda, stated the Skate Park should be on a fast track; golf course developers would like to see golf, soccer, softball and skateboarding available for youth. Gail Greely, School Board President, stated on behalf of School Board Member Anna Elefant, she [Elefant] was representing the Alameda Collaborative for Children, Youth and Families; submitted a letter from the Collaborative; stated, on her own behalf, that she is a mother of two in-line skaters and a skateboarder; thanked Council for giving the youth a chance with the $50,000; stated the youth are building the Skate Park for 1/5 of the estimated cost. Vince Mackel, Alameda, stated the golf course proposal [at Alameda Point] is being prepared for presentation to the Alameda Reuse and Redevelopment Authority, the Base Reuse Advisory Group and the RecrPAtion Commission; there is not a physical plan; the youth have done a great job; however, a [Skate] Park should not go in that will be a stone in the City's shoe; that he is concerned impacts are not known. Judge Chester R. Bartalini, Alameda, stated that he has volunteered in Alameda for 55 years; if a high level of expectation is set for ycung people, they will meet it; this type of volunteer effort went into establishing the Boys and Girls Club; requested Council to allow funds to be used for Skate Park Construction. Regular Meeting Alameda City Council February 2, 1999 47 Wilma Chan, Alameda, [Alameda County Board of Supervisor], stated the idea for the Skate Park surfaced two years ago at the first Youth Conference; at that time, the youth expressed the desire to be heard; adults informed youth that to be heard, they must be serious; that she is aware the City's money is tight; the proposal is to complete the Project for 1/5 the estimated price; volunteers will get the job done; and pledged to donate $1,000 to the Project. Councilmember Johnson moved approval of the staff recommendation; stated the City allocated $50,000 for the design and did not identify the estimated $250,000 needed to complete the Project; this Plan completes the Project for only $50,000, and brings the community together. Councilmember Kerr stated that she is concerned about the permit process; the schedule allots 6 weeks for the planning and permit process; 6 months is usually considered fast for said process; in the past, promises were made to the youth which those making the promise did not intend to keep; inquired whether the City will be able to deliver; and requested Planning [staff] or Public Works [staff] to respond to meeting the proposed timeline. Mayor Appezzato inquired which promises were made to children that were not kept. Councilmember Kerr responded that during the first Council Hearing, the kids were promised: if they put energy into it, the City would come up with the money; stated the worst thing that can be done to the younger generation is make promises and not keep them. The Recreation Director stated the timeline was prepared by the Youth Task Force; they are already off schedule; the City has not made promises to accomplish tasks in a specific number of weeks; the staff report mentions the timeline is very ambitious and delays would be probable; the students are aware; the hope is that construction can be completed in 10 days. Councilmember Kerr stated that she was told promises have been made, and she wants people to go home tonight with the correct facts. The Public Works Director stated promises have not been made; this project is different and will be expedited; when the plans are submitted, staff will put aside current projects. In response to Councilmember Kerr's inquiry regarding the specific amount of time for permit approval, the Public Works Director stated three days have been set aside for staff to review the scope of the Plans with the Project Engineer; the Engineer would return with a 50- to 75% Design Plan which would be reviewed and finalized; that he believes it can be completed due to the special Regular Meeting Alameda City Council February 2, 1999 48 nature of the Project. Councilmember Kerr stated the skateboarders should go home understanding what the City can and cannot accomplish; School Board and County representatives are present this evening, however, regretfully, said agencies are not providing [any] funds; the enthusiasm is encouraging, however, she does not want the youth to be let down when working with City staff on the permit process; that she met with kids who expressed the desire to have the Project completed before they go to college. Vice Mayor Daysog stated that he met with Leslie Medine and students; instead of waiting on bureaucracy, which sometimes moves slow, the students took charge; expectations [for project completion] have been raised which City Hall should try to accomplish; thanked the youth for pushing the Project; further stated the youth have responded to challenges raised; it is time to move into the Implementation Phase. Councilmember DeWitt seconded the motion. Under discussion, Mayor Appezzato stated students were aware of pitfalls and challenges; there may be some delays, however, the Project will be completed working together. On the call for the question, the motion carried by unanimous voice vote - 5. (99-65) Ordinance No. 2792, "Amending the Alameda Municipal Code by Amending Subsection 21-15.4 (Collection of Recyclable Materials) of Article III (Recycling), Chapter XXI (Solid Waste and Recycling) to Allow Exemption from Curbside Recycling Requirements Under Certain Specific Conditions." Finally passed. Councilmember DeWitt moved final passage of the Ordinance. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (99-66) Judge Chester R. Bartalini, Alameda, stated Skate Park funding is not the City Council's money; members of the School Board and Wilma Chan [Member of the Alameda County Board of Supervisor] live in Alameda and pay taxes; money belongs to all Alameda taxpayers. COUNCIL COMMUNICATIONS (99-67) Mayor Appezzato inquired whether an off-agenda report regarding ratification of Municipal Code priorities for Code Regular Meeting Alameda City Council February 2, 1999 4". Enforcement would be on a future agenda, to which the City Manager responded in the affirmative. (99-68) Mayor Appezzato stated there is a complaint regarding a business on Park Street and requested staff to respond. (99-69) Councilmember Kerr stated that she received a phone call from an individual who almost got into a car accident because youths were using a red laser pointer; his sight was disturbed for the evening; fortunately, there was no permanent damage; some jurisdictions are banning the sale of these devices to people under a certain age and limiting possession to adults; requested information on action of larger jurisdictions, e.g. County, State, and neighboring cities in the area; the Police Department informed the man, said action is an assault. Vice Mayor Daysog stated the Alameda Police Department had an article in the Alameda Times Star Newspaper regarding the laser pointers; that he is concerned and received a call from the same person. (99-70) Vice Mayor Daysog requested the City Manager to gather information on action in Oakland and San Francisco regarding dioxin problems; stated there is a move to deal with this issue regionally; Alameda should be involved. (99-71) Vice Mayor Daysog stated 19 months ago, the City Council authorized providing benefits to employees' domestic partners if the benefits were not legislated into PERS; City staff should arrange for policy which would satisfy the Council's commitment. ADJOURNMENT (99-72) There being no further business, Mayor Appezzato adjourned the Regular City Council Meeting at 10:39 p.m. in memory and honor of Barbara Stevenson, former Reporter and Social Editor for the Alameda Times Star Newspaper. Respectfully submitted, Di? e B. Felsch, C C City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council February 2, 1999 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -FEBRUARY 2, 1999- -7:10 P.M. Mayor Appezzato convened the Special Meeting at 7:10 p.m. Roll Call - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. Mayor Appezzato adjourned the Special Meeting to Closed Session to consider: (99-54) Conference with Labor Negotiator; Agency Negotiator: Human Resources Director and Austris Rungis; Employee Organization: Police Technicians/Animal Control Officer Group. (99-55) Conference with Real Property Negotiator; Property: 10.28 Acre Parcel, Harbor Bay Isle Business Park, APN 074-1332- 32-1; Negotiating Parties: City of Alameda and Harbor Bay Isle Associates; Under Negotiation: Price and Terms. Following the Closed Session, Mayor Appezzato reconvened the Special Meeting and announced regarding Conference with Labor Negotiator, no action was taken; regarding Conference with Real Property Negotiator, directions were given to the real property negotiator. Adjournment There being no further business before the City Council, Mayor Appezzato adjourned thc-. Special Meeting at 7:20 p.m. Respectfully submitted, D ne B. Fe sch, City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council February 2, 1999