1998-03-17 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MARCH 17, 1998- -6:55 P.M.
Mayor Appezzato convened the Special Meeting of the City Council at
7:00 p.m.
ROLL CALL PRESENT: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
ABSENT: None.
The Special Meeting was adjourned to Closed Session to consider:
(98-132) Conference with Legal Counsel - Anticipated litigation,
Initiation of litigation pursuant to subdivision (c) of
Section 54956.9, Number of Cases: One; and
Conference with Labor Negotiator, Agency Negotiator:
Personnel Director and Austris Rungis; Employee
Organization(s): Alameda Police Officers Association -
APOA, United Public Employees Association #790 (Police
Technicians) - SEIU.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding Conf re ce w't e a
Counsel - Anticipated Litigation, Council gave instructions to the
City Attorney; regarding Conference with Labor Negotiator, Council
gave instructions to the City's negotiators.
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 7:30 p.m.
Respectfully submitted,
04-a
D ne B. Fe sch, C C
City Clerk
The public notice for this meeting was posted in accordance with
the Brown Act.
Special Meeting
Alameda City Council
March 17, 1998
MINUTES OF THE REGULAR CITY COUNCIL M ETING HELD ON
TUESDAY- -MARCH 17, 1998- -7:30 P.M.
Mayor Appezzato convened the Regular Council Meeting at 7:44 p.m.
Vice Mayor DeWitt led the Pledge of Allegiance.
Pastor Greg Thomas gave the Invocation.
ROLL CALL PRESENT: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
[Note: Mayor Appezzato, due to illness, left the
Meeting at 8:25 p.m.]
ABSENT: None.
AGENDA CHANGES
None,
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(98-133) Recognition of Participants in Youth in Government Day,
March 17, 1998.
Mayor Appezzato read a Proclamation declaring March 17, 1998 Youth
in Government Day.
(98-134) Presentation by Bill Garvine, Meribee Sweet and Dick
Lyons commending the City for efforts extended for the successful
Silicon Island Career Expo II Event. [Mayor Appezzato]
Mr. Garvine, Ms. Sweet and Mr. Lyons thanked various City officials
and staff for support and presented a plaque to the City.
CONSENT CALENDAR
Mayor Appezzato pulled the Report authorizing Alameda's
participation in "America's Promise - the Alliance for Youth"
[Paragraph No. 98-136] and the Resolution Authorizing Participation
in the Oakland Airport-Community Noise Management Forum [Paragraph
No. 98-139] off the Consent Calendar for discussion.
Councilmember Lucas moved adoption of the remainder of the Consent
Calendar.
Regular Meeting
Alameda City Council
March 17, 1998
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk preceding the paragraph number.]
(*98-135) Minutes of the Special and Regular City Council Meetings
held on March 3, 1998. Approved.
(98-136) Recommendation to authorize Alameda's participation in
"America's Promise - the Alliance for Youth" and authorize a
Councilmember to attend a conference sponsored by the U.S.
Conference of Mayors in Chicago, Illinois on April 26-27, 1998.
[Mayor Appezzato]
Don Roberts, Alameda, stated the City could face major financial
challenges in the years ahead; Council should lead the way in
economizing by eliminating junkets like this [attendance of
conference]; and urged Council to not approve the expenditure.
Vice Mayor DeWitt stated the City formed a youth collaborative to
provide programs for teens; the [Alliance for Youth] conference
will focus on plans and efforts to keep youth from getting involved
with crimes and drugs; the individual selected to attend the
conference will present the City's programs and learn about the
programs other Cities have implemented; the City Council does not
spend money on many conference and if the Mayor does not attend,
he [Vice Mayor DeWitt] would like to be selected.
Councilmember Lucas stated Alameda's youth is a top concern of the
community; the City's programs should be shared at the Conference
and she moved the Mayor and Vice Mayor both attend the Conference.
Councilmember Daysog stated Alameda has many programs to showcase;
and seconded the motion.
Under discussion, Councilmember Kerr stated that she would support
sending one representative, not two.
Mayor Appezzato stated that he would support the nominee [Vice
Mayor DeWitt]; that at this point, he was not planning to attend,
unless convinced to do so by Vice Mayor DeWitt; it is important
that at least one person attend the Conference; that if he does
decide to attend, he may pay for the trip out of his pocket so that
said trip cannot be criticized or called a junket.
Councilmember Lucas clarified that the motion was to send two
individuals, and noted motion had been seconded.
Gerhard Degemann, Alameda, stated the entire community must be
involved with youth programs; the youth conference will provide an
opportunity to learn from other communities throughout the United
States; and two Councilmembers should be sent because at
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Alameda City Council
March 17, 1998
conferences, generally, one person cannot attend every session.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor
Appezzato - 4. Noes: Councilmember Kerr - 1.
(*98-137) Recommendation to accept Quarterly Sales Tax Report for
period ending December 31, 1997 for Sales Transactions in the Third
Calendar Quarter (July-September, 1997). Accepted.
(*98-138) Recommendation to accept Audit Report for Pension Plans
1079 and 1082 for period ending June 30, 1997. Accepted.
(98-139) Resolution No. 12970, "Authorizing Participation in the
Oakland Airport-Community Noise Management Forum and Selecting an
Elected Official and Alameda Citizen as Representatives to the
Forum." Adopted.
Mayor Appezzato stated the he received a letter from the Port of
Oakland requesting the City to select an elected official and a
citizen representative to serve on the Noise Management Forum;
requested to be selected as the elected official; and suggested
Walt Jacobs be selected as the citizen representative.
Vice Mayor DeWitt stated that he is very interested in said matter;
and the City must be involved with airport noise management.
Mayor Appezzato stated Vice Mayor DeWitt should serve as his [Mayor
Appezzato's] alternate; and suggested they [Mayor Appezzato and
Vice Mayor DeWitt] both attend Noise Management Forum meetings.
Councilmember Lucas moved that Mayor Appezzato represent the City,
Vice Mayor DeWitt serve as the Mayor's Alternate, and Walt Jacobs
serve as the City's Citizen Representative
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(*98-140) Resolution No. 12971, "Designating City Manager, Public
Works Director and Fire Chief as Applicant's Agents for All Filings
to the Office of Emergency Services." Adopted.
(*98-141) Resolution No. 12972, "Authorizing the Open Market
Purchase of Six Marked Police Vehicles Pursuant to Section 3-15 of
the Alameda City Charter. [Requires four (4) affirmative votes.]
Adopted.
(*98-142) Ratified bills in the amount of $1,431,419.81.
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Alameda City Council
March 17, 1998
REGULAR AGENDA ITEMS
(98-143) Resolution No. 12973, "Appointing Julie E. Caldwell as a
Member of the Cable TV Advisory Committee." [Member-at-large with
a background in business and finance] Adopted.
Councilmember Lucas moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Ms.
Caldwell with a certificate of appointment.
(98-144) Resolution No. 12974, "Appointing James A. Carter as a
Member of the Cable TV Advisory Committee." [Member-at-large with
expertise in youth and minority interests] Adopted.
Councilmember Lucas moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented
Carter with a certificate of appointment.
(98-145) Public Hearing [Bruzzone property] to consider a Proposed
Mitigated Negative Declaration, IS-97-5, and approval of Tentative
Map, TM-6969, to subdivide an 8.9 acre site into 83 single-family
parcels, access streets and a mini-park. The site is designated
Medium Density Residential in the Alameda General Plan and is zoned
R-4-PD (Neighborhood Residential-Planned Development) and is
located at 545 Buena Vista Avenue. Applicant: The DeSilva Group;
and
(98-145A) Resolution No. 12975, "Adopting a Mitigated Negative
Declaration, IS-97-5, and Finding of No Significant Impact with
Mitigations Pursuant to the California Environmental Quality Act
for a Proposed Development Consisting of 83 Detached Single-Family
Dwellings, Private "Mini-Park", Other Open Space and Landscaping,
Internal Private Streets and Visitor Parking on an 8.9 Acre Site;
and
(98-145B) Resolution No. 12976, "Approving Tentative Map, TM-6969,
to Subdivide the Parcels to Create 83 Single-Family Lots at 545
Buena Vista Avenue, Alameda." Adopted.
Mayor Appezzato stated that he was not feeling well and that he
would make a few comments before excusing himself from the
remainder of the meeting. He stated that he is in favor of the
Project; the Project's design and mitigation measures for low and
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Alameda City Council
March 17, 1998
moderate income housing will be addressed at a later date;
replacing a Victorian with 40 units or converting a single
residence into 4 units are real examples of density; the Project
meets the requirements of Measure A; lots are small, however,
Council has been dedicated to establishing single-family detached
homes rather than duplexes, quadroplexes and high-rises; the
General Plan calls for 244 units at the Bruzzone site and the
Project is for 83 detached homes; mitigation impact fees will be
used following the letter of intent of the law; that he will
support the establishment of a citizens group to participate in the
discussion of the FISC property and East Housing; and the City
Manager and Superintendent of Schools should meet to address the
issue raised by Steve Campbell [in his letter dated March 16,
1998].
Mayor Appezzato excused himself and turned the meeting over to Vice
Mayor DeWitt.
Vice Mayor DeWitt opened the public portion of the Hearing.
Proponents:
Aidan Barry, The DeSilva Group;
Ann Bracci, Alameda;
Dennis Pagones, Alameda;
James Sweeney, Alameda;
Nicholas Chung, Trans Pacific National Bank;
Bob Brown, Alameda; and
Bill Garvine, Alameda Chamber of Commerce.
Opponents:
Steve Campbell, Alameda;
Jeanne Nader, Alameda;
Monetha Hatcher, Alameda;
Vickie Smith, Alameda; and
Patrick Lynch, Alameda.
There being no further speakers, Vice Mayor DeWitt closed the
public portion of the Hearing.
Following Mr. Campbell's comments, the City Attorney explained the
two different categories of School Impact fees.
Councilmember Kerr stated one of the speakers mentioned the
formation of a Project Area Committee [PAC] for East Housing, which
will be a redevelopment area; a PAC is a very precise legal term
and it can have great power; the City Council at one point
determined there would be no need for a PAC, and questioned whether
the committee mentioned [earlier] was one with the legal power
defined in Redevelopment Law or a local neighborhood group.
The City Manager responded the issue had yet to be decided.
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Alameda City Council
March 17, 1998
Councilmember Kerr noted that a formal PAC was discussed quite
extensively at Community Improvement Commission Hearings; it was
generally agreed since it was not required, a PAC would not be
formed; and if the Commission's prerogative is being reversed,
perhaps the Council should be updated.
The City Manager responded, at this point in time, it is an idea
that has been suggested; no action is being proposed.
Councilmember Daysog requested the City Attorney to provide a
report on the process by which Alameda Point was identified as a
redevelopment area, including steps to establish PACs.
The City Attorney responded in the affirmative, and stated that she
would confer with Special Counsel Beatty who had addressed said
matter.
Councilmember Lucas requested staff to report on how said matter
fit in with the BRAG Housing Committee, and stated perhaps the
committees could be combined.
Vice Mayor DeWitt stated the other question raised dealt with the
use of the money paid into the Project in lieu of building very
low-income housing in the area; the Community Development Director,
the City Manager and Staff should report back with information as
to how the money would be spent, e.g. where the money will be
spent, what type- and cost of unit had been addressed; the people
on the West End want to know what is going to happen in regard to
the set aside funds. In addition, what can be done to keep the
rents from being raised in the apartment units adjacent to the area
should be addressed.
Councilmember Lucas reviewed a chart of new units of very low
income housing created in 1995, 1996 and 1997: a total of 29 units;
stated the Community Development Department tries to increase the
number of rental units for very low-income persons.
Vice Mayor DeWitt stated the Project would be a benefit to the
community, and information demonstrating exactly what will be done
would be provided.
Councilmember Daysog stated it is important to develop the Bruzzone
site; the Project means a lot to many people; every housing group
should be considered; gentrification, raising [property] values and
higher rents are the issues being addressed; the City should be
more active in ensuring affordable housing; the City should use the
$300,000 in lieu fees for a rental assistance program; and how
Project is handled will state how East Housing will be handled.
Councilmember Kerr stated the inferiority of the Project is being
achieved through the Planned Development Overlay; PD Overlays were
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Alameda City Council
March 17, 1998
meant to enhance developments above and beyond regular zoning
regulations; Project does not appear to have design enhancements;
it is a crowded Project; the minimum allowable for front yards is
5 feet, the driveways are not long enough to park a car; the street
width is only 20- to 22-feet wide; there will be no parking
allowed in the street, and only one half of a space is allowed for
guest parking for each unit; sideyards are only 5 feet; total
distance between houses will be 10 feet and will not allow much
noise abatement; the Project is providing moderate-income units;
they [DeSilva Group] wish to pay in-lieu fees for very low income
units; the proposed fee is $80,000 per unit; the City cannot build
units with $80,000 each and it would be left with a dollar deficit
and a quota; the policy of accepting in-lieu fees promotes infill
in historic neighborhoods; the Negative Declaration does not
address the problem of storm water runoff; new projects should be
required to mitigate impacts such as storm water runoff; and that
she will not support the Project because it is not the direction in
which the City should be moving.
Councilmember Lucas stated the land had been left fallow for 40
plus years; it is a blighted area; the front-, side- and backyards
could be better; however, if lot size was increased, the price for
homes would go up; that middle-income homeownership in Alameda
should be encouraged; the price of the homes will be about
$243,000; in addition, the area, which is mostly rental housing,
will be upgraded; Council has made a commitment to increase
homeownership in Alameda, and said Project will do that.
Councilmember Lucas moved adoption of Resolution No. 12975,
adopting the Mitigated Negative Declaration, IS 97-5, and the
Mitigation Monitoring Program attached thereto; approval of the
Planned Development PD-97-4, based on the findings and conditions
contained in the Resolution; and adoption of Resolution No. 12976,
approving Tentative Map 6969, based on the findings and with
conditions contained in said Resolution.
Councilmember Daysog seconded the motion.
Under discussion, Vice Mayor DeWitt inquired about certain
environmental impacts.
The Planning Director responded that the Project would be required
to comply with the hours set for construction; and, in addition,
Vector Control staff would be available during construction period.
The Planning Director noted the City Engineer's Staff Report
includes a recommendation to modify Condition No. 4 of the
Tentative Map; said modification addresses the City's desired
design of drainage facilities.
Councilmember Lucas amended her motion to include the amendment to
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Alameda City Council
March 17, 1998
Condition No. 4 of the Tentative Map Resolution [pursuant to City
Engineer's recommendation dated March 12, 1998].
Councilmember Daysog seconded the amended motion.
On the call for the question, the motion carried by voice vote:
Ayes: Councilmembers Daysog, DeWitt and Lucas - 3. Noes:
Councilmember Kerr - 1. Absent: Mayor Appezzato - 1.
(98 -146) Recommendation to accept report regarding Follow -Up
Action Items for Warehouse at 1501 Buena Vista Avenue.
Councilmember Kerr stated the Staff Report addresses both 1501
Buena Vista Avenue and City -wide issues; that she would like to
participate in the discussion of City -wide issues, however, she
would be recusing herself from said matter since issues specific to
1501 Buena Vista Avenue are involved.
Carol Bernard, Alameda, requested Council to delay acceptance of
the [Staff] Report until the neighborhood holds a meeting to review
said report; and summarized her concerns regarding the follow -up
items in the Report.
Councilmember Daysog inquired whether a community meeting could be
held before the next Council meeting.
Ms. Bernard responded in the affirmative.
Carl Halpern, Alameda, stated the seismic strength of the building
[at 1501 Buena Vista Avenue], and storage of ammunition and
hazardous materials are not sufficiently addressed [in the Staff
Report]; materials which cannot travel through Webster Street Tube
should not be transported through the residential area on Buena
Vista; the ability to stop the transport of nuclear waste should be
reviewed; the facility should not be located in a residential
neighborhood; a vacant facility at Alameda Point should be
considered as an alternate site.
Vice Mayor DeWitt stated a community meeting should be held to
allow residents in the neighborhood to ask questions of staff.
Councilmember Daysog stated the proposed meeting was for neighbors
to hold a discussion without staff.
Barbara Kerr, President, Northside Association, clarified that Ms.
Bernard would like to have a neighborhood meeting to gather
comments in response to the [Staff] Report.
Councilmember Daysog moved said matter be held over to the first
Council Meeting in April [to allow for a neighborhood meeting to
review City materials].
Regular Meeting
Alameda City Council
March 17, 1998
,„9
Councilmember Lucas seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, DeWitt and
Lucas - 3. Abstentions: Councilmember Kerr - 1. Absent: Mayor
Appezzato - 1.
(98-147) Ordinance No. 2756 N.S., "Amending the Alameda Municipal
Code by Adding a New Section 4-25 (Parking Prohibited in Front
Yards and Side Yards of Residentially Zoned Property) to Chapter IV
(Offenses and Public Safety). Finally passed.
Councilmember Lucas moved final passage of the ordinance.
Councilmember Daysog seconded the motion.
Councilmember Kerr questioned how the City will verify previously
approved parking in frontyards and sideyards.
The Planning Director responded the burden of proof is with the
City; curbcut records and historic photographs of an area or home
would be reviewed; and City must demonstrate good reason in Court.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Kerr and Lucas -
4. Absent: Mayor Appezzato - 1.
(98-148) Ordinance No. 2757 N.S., "Reclassifying and Rezoning
Certain Property within the City of Alameda, from C-1 (Neighborhood
Business District) to R-1-PD (One-Family Residence, Planned
Development Combining District) by Amending Ordinance No. 1277,
N.S., for that Property Located at 900 Otis Drive." Finally
passed.
Councilmember Lucas moved final passage.
Councilmember Kerr seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, DeWitt, Kerr and
Lucas - 4. Absent: Mayor Appezzato - 1.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(98-149) Jim Hill, Alameda, stated the speed of traffic has
increased by about 20 miles per hour on the main thoroughfares,
especially during commute hours; traffic has increased; drivers run
red lights, especially on Grand Street at night; commuters speed;
there should be bicycle lanes on major thoroughfares to slow down
traffic; the Police Department should consider the use of radar
during commute hours.
(98-150) Gerhard Degemann, President, Historic Alameda High School
(HAHS), read a portion of a letter to the Editor of the Alameda
Journal Newspaper entitled: "Where is the Plaque?"; Mr. Degemann
Regular Meeting
Alameda City Council
March 17, 1998
stated the Historic Alameda High School Foundation created a Plaque
in 1983 to honor veterans who served in the Vietnam and Korean
Wars; a dedication ceremony was held on November 11, 1983 in the
HAHS lobby honoring students who had lost their lives; and
suggested the School District and City Council create an annual
Veterans Day program. Mr. Degemann also noted that eagles from two
plaques located in the HAHS lobby were stolen during a construction
period, and urged anyone having knowledge of the incident to
contact either the Police Department or him.
COUNCIL COMMUNICATIONS (Communications from Council)
(98-151) Councilmember Lucas stated a citizen wrote Mayor
Appezzato recently regarding a pitbull that attacked another dog,
and she inquired about regulations governing such incidents.
The City Attorney responded that the Animal Shelter had a procedure
in place, and that Supervising Animal Control Officer Shellette
Bass may be addressing said matter.
Councilmember Lucas requested that the Animal Control Officer
provide Council with an off agenda report on the issue, and she
submitted the aforementioned letter to the City Attorney.
(98-152) Councilmember Kerr stated if there was any discussion
promising citizens a Project Area Committee (PAC), a Community
Improvement Commission Meeting should be scheduled to discuss said
matter; a PAC would complicate the development or demolition of
East Housing.
(98-153) Councilmember Daysog stated the Ordinance governing
violent dogs should be reviewed as part of the off-agenda report by
the Supervising Animal Control Officer.
The City Attorney stated the staff report would include options for
change.
4' 0 Zdv_
There being no further business, Vice Mayor DeWitt adjourned the
meeting at 10:12 p.m.
fully submit
Fe sch,
City Clerk
The notice for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
March 17, 1998