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1996-02-06 MinutesMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL FEBRUARY 6, 1996 The meeting convened at 6:40 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. ABSENT: None. 3-A. (96-37) Adjournment to Closed Session to consider: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation pursuant to subdivision (c) of Section 54956.9. Number of Cases: 1 4. Announcement of Action Taken in Closed Session: Following the Closed Session, the Special Meeting reconvened and President Appezzato announced that Council gave instructions to the City Attorney regarding initiation of litigation. Adjournment The meeting was adjourned at 6:50 p.m. Res ectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting, Alameda City Council February 6, 1996 1 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL AND HOUSING AUTHORITY BOARD OF COMMISSIONERS FEBRUARY 6, 1996 The meeting convened at 6:50 p.m. presiding. ROLL CALL - PRESENT: ABSENT: with President Appezzato Councilmembers/Commissioners DeWitt, Lucas, Mannix and Appezzato - 5. None. Arnerich, President 3. (96-38) Adjournment to Closed Session to consider: CONFERENCE WITH LABOR NEGOTIATOR - Agency Negotiator: Personnel Director and Austris Rungis. Employee Organization(s): Alameda Management and Confidential Employees Association - MCEA Appointed and Unrepresented Positions (City Manager, City Attorney, City Clerk, Assistant City Manager, Personnel Director and Chief of Police) International Association of Firefighters, Local #689 - IAFF Alameda Housing Authority Management and Confidential positions. 4. Announcement of Action Taken in Closed Session: Following Closed Session, the Special Meeting was reconvened and President Appezzato announced that Council gave instructions to City's negotiators. Adjournment The meeting was adjourned at 7:20 p.m. ectfully subm't AV D E B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting, Alameda City Council and Housing Authority Board of Commissioners February 6, 19% MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COULCIL FEBRUARY 6, 1996 The meeting convened at 7:39 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilmember DeWitt. ROLL CALL - PRESENT: ABSENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR President Appezzato stated that the following items were pulled for public discussion: 4-B (96-50) [Report from the Community Development Director regarding restoration of the Rafael Theater (Councilmember Lucas)]; 4-C (96-51) [Report from Finance Director transmitting Quarterly Sales Tax Report for Period Ending December 31, 1995 for Sales Transactions in the Third Calendar Quarter (July - September, 1995)]; 4-F (96-52) [Report from Public Works Director recommending authorization to Issue a Request for Proposals regarding Residential and Yard Waste Recycling Services in Alameda]; 4-J (96-53) [Resolution Supporting the Seismic Retrofit Bond Act Proposition 192]; 4-L (96-54) [Resolution Authorizing State-Local Agency Agreements with Caltrans for Federal Congestion Mitigation Air Quality (CMAQ) Funds for Design and Construction of Park Street/Oak Street Corridor Signal Timing and for Design and Construction of Webster Street/Eighth Street Couplet]; and 4-N (96-55) [Resolution Authorizing the City Manager to Execute a Natural Gas Sales and Aggregation Agreement with ABAG and Appointing a City Representative to ABAG's Power Purchasing Pool Committee]. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. 4-A. (*96-39) Minutes of the Special City Council and Housing Authority Board of Commissioners Meeting of January 16, 1996; and the Regular City Council Meeting of January 16, 1996. Approved. Regular Tviecting, Almeria City Council February 6, 1996 1 4-B. See Paragraph (96-50). 4-C. See Paragraph (96-51). 4-D. (*96-40) Report from Finance Director transmitting Quarterly Financial Report for Period Ending December 31, 1995, including Mid-year Adjustments. Accepted. 4-E. (*96-41) Report from Public Works Director regarding Assignment of Agreement between the City of Alameda and Crosby Helmich Architects for Construction Period Architectural Services for the Alameda City Hall Renovation Project to Ratcliff Architects. Accepted. 4-F. See Paragraph (96-52). 4-G. (*96-42) Report from Public Works Director recommending Authorization to Develop Waste Prevention and Recycled Purchase Policy Implementation Guidelines for Council Resolution No. 12388. Accepted. 4-H. (*96-43) Report from Public Works Director recommending Acceptance of Work by Mori Hatsushi and Associates for Phases I, II and III, for City Street Tree Planting, No. P.W. 11-93-15. Accepted. 4-1. (*96-44) Report from Public Works Director recommending Acceptance of Work by Fox Construction and release of the Retention for Tenant Improvements at 1701 Webster Street, No. P.W. 06-95-13. Accepted. 4-J. See Paragraph (96-53). 4-K. (*96-45) Resolution No. 12731 "Supporting the City of Temecula's Efforts to Recover Library Funding Withdrawn by the State." Adopted. 4-L. See Paragraph (96-54). 4-M. (*96-46) Resolution No. 12732 "Designating a Community Improvement Project Survey Area for Naval Air Station Alameda, Portions of the Fleet Industrial Supply Center Alameda Facility/Alameda Annex, and Related Properties." Adopted. 4-N. See Paragraph (96-55). 4-0. (*96-47) Introduction of Ordinance Amending the Alameda Municipal Code by Adding Subsection 2-61.7 (Joint Purchases with Public Agencies) to Section 2-61 (Bidding Procedures on Public Projects and Goods and Supplies), Article V (Administrative Regular Meeting, Alameda City Council February 6, 1996 2 Procedures and Policies) of Chapter II (Administration), Thereof, Authorizing Joint Purchase of Materials and Supplies with Other Public Agencies. Introduced. 4 -P. ( *96 -48) Affidavit of City Manager and Chief of Police, pursuant to, Section 17 -11 of the Charter of the City of Alameda (Police Secret Fund). Approved for filing. 4 -Q. ( *96 -49) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $1,983,772.44. Ratified. 4 -B. (96 -50) Report from the Community Development Director regarding restoration of the Rafael Theater. (Councilmember Lucas) Kate Pryor, Park Street Business Association, Owner of Tucker's Ice Cream, spoke in support of San Rafael's approach and submitted a petition in support of Alameda exploring same. Councilmember Lucas inquired how San Rafael's approach could be applied to Alameda; and suggested that staff explore whether San Rafael's approach would be feasible, for Alameda. President Appezzato suggested that the developer be invited to Alameda to further discuss the matter. Councilman Arnerich concurred with Councilmember Lucas. Councilmember Lucas moved acceptance of the report; and directed staff to explore whether San Rafael's approach would be feasible for Alameda. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. 4 -C. (96 -51) Report from Finance Director transmitting Quarterly Sales Tax Report for Period Ending December 31, 1995 for Sales Transactions in the Third Calendar Quarter (July - September, 1995) . Gerhard Degemann, Alameda, requested that the Finance Director address last quarter's sales tax income; and stated that such reports should be placed on the Regular Agenda and not the Consent Calendar. The Finance Director gave a brief report on last quarter's sales tax income and decline; and stated that in terms of sales tax generated by geographic area, South Shore Center continued to be the number one sales tax producer for the City, and that Park Street, north of Lincoln Avenue is the second major sales tax contributor. Regular Meeting, Alameda City Council February 6, 1996 3 Councilmember Lucas moved acceptance of the report. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. 4-F. (96-52) Report from Public Works Director recommending authorization to Issue a Request for Proposals regarding Residential and Yard Waste Recycling Services in Alameda. Don Roberts, Alameda, stated that hundreds of Alamedans have submitted their comments on the recycling program to the City; that each one of those people should have the opportunity to review, in public forum, the Request for Proposals to see if their proposals are included; that the Recycling Committee should be reconvened to hold the public hearings; and that Council and the public should review the Request for Proposals. In response to President Appezzato's inquiry, the City Manager stated that if Council desired, staff could make the Request for Proposals available for public review; and that staff was dependent upon Council's direction regarding how involved Council becomes in the details of the process. Councilmember DeWitt stated that he would like to see the recycling program move ahead; that it was important to get the green waste bins out to the people; and that he is in support of reviewing the Request for Proposals. In response to President Appezzato's inquiry, the Public Works Director stated that if Council desired to review the Request for Proposals, he would like four weeks to develop said Request; and that the current contract does not expire until August. Councilmember DeWitt moved acceptance of the report; and that the Request for Proposals be submitted to Council for review and comment. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 4-J. (96-53) Resolution No. 12733 "Supporting the Seismic Retrofit Bond Act Proposition 192." Councilman Arnerich stated that he was initially prepared to support the Resolution; however, that due to increased costs and recent up-dates, he can not support the Resolution. Vice Mayor Mannix stated that the Resolution was a beginning and moved adoption of the Resolution. Councilmember Lucas seconded the motion. President Appezzato stated that bridges in California needed to be seismically retrofitted. Regular Meeting, Alameda City Council February 6, 1996 4 The motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: Councilman Arnerich - 1. Absent: None. 4-L. (96-54) Resolution Authorizing State-Local Agency Agreements with Caltrans for Federal Congestion Mitigation Air Quality (CMAQ) Funds for Design and Construction of Park Street/Oak Street Corridor Signal Timing and for Design and Construction of Webster Street/Eighth Street Couplet. [City Council did not approve Couplet - See Paragraph 15 for amended Resolution.] In response to President Appezzato's request, the City Manager gave a brief report; stated that the City has the ability to acquire Federal Congestion Mitigation Air Quality Funds to cover the City's costs for public notice; that the staff recommendation is only to request said funding; that Traffic Advisory Committee and Planning Board Meetings would be held prior to [projects] being submitted to Council; that the Resolution does not authorize the project; that the Resolution only authorizes obtaining funding; and that if the City does not acquire said funding, there is no point in holding public hearings. In response to President Appezzato's inquiry, the City Manager stated that Federal Congestion Mitigation Air Quality Funds could be returned if the public [and Council] decided not to proceed. In response to Councilman Arnerich's inquiry, the City Manager stated that the Resolution does not imply that Council is endorsing or supporting a one-way street corridor on Eighth Street. Don Roberts, Alameda, discussed comments and action taken at the November 7, 1995, Council Meeting; offered suggestions as to how the matter should have been handled by the City Manager; urged Council not to approve the design and construction of Webster Street/Eighth Street Couplet, and supported the design and construction of Park Street/Oak Street Corridor Signal Timing. President Appezzato stated that if he thought there was an intent on the part of the City Manager to defraud the Council, he would call a Closed Session to investigate; and that he does not believe there was any intent on behalf of the City Manager to defraud the Council. Barbara Kerr, Northside Homeowners' Association, Alameda, spoke in opposition to the proposed Webster Street/Eighth Street Couplet; expressed concerns; and suggested that public hearings be held to determine what the people of Alameda want before any other studies are conducted. Regular Meeting, Alameda City Council February 6, 1996 5 The City Manager stated that the purpose of [the request for funding] is to find out if the City would have funding for the project; if not, there would be no point in proceeding with the public noticing; and that Council would have the opportunity to decide if they want to proceed with the proposed project after funds were received and public noticing completed. In response to Councilmember DeWitt's inquiry, the City Manager stated that said matter was not referred back to the Traffic Advisory Committee (TAC) because of a deadline for the funding application; and that the matter would not be referred to TAC until funds were obtained to provide adequate noticing for the proposed project. The Public Works Director reviewed the Federal funding process; and stated that said funding would allow the City to continue receiving input, the matter addressed before TAC and the City. Council, and money for construction if the proposed project is approved. In response to President Appezzato's inquiry regarding the number of public hearings to be held before Council's consideration for approval, the Public Works Director stated that it was necessary to go through the environmental process, which would include at least one hearing before the Planning Board; that the matter would be addressed by the Traffic Advisory Committee per Council's recommendation, and include a public hearing; and that a public /town hall meeting would also be held. In response to Councilman Arnerich's inquiry, the Public Works Director stated that if Council decided after receiving public input not to proceed with the proposed project, the State would be notified and the remaining funds returned to the State. Councilmember DeWitt requested assurance that, monies will not be spent on the [Webster Street /]Eighth Street Couplet; and stated that he understood that monies would have to be spent to provide notification for public hearings and meetings; however, opposed any signage or trying to convince people. In response to Councilmember DeWitt's comments, the Public Works Director stated that the intention was to be able to provide adequate drawings so the project could be explained to the people, and to provide proper notification; that it was Council who suggested that signs be posted identifying the meetings; and that the same signs could be used for all three public meetings, which would also inform the commuters. Councilman Arnerich stated that even if the City obtained Federal funds, he is opposed to a one -way [Park Street /Oak Street] Corridor and a one -way Webster Street[ /Eighth Street Couplet]. Regular Meeting, Alameda City Council February 6, 1996 6 Vice Mayor Mannix moved adoption of Resolution No. 12734 "Authorizing State -Local Agency Agreements with Caltrans for Federal Congestion Mitigation Air Quality (CMAQ) Funds for Design and Construction of Park Street /Oak Street Corridor Signal Timing ". Councilmember Lucas seconded the motion. In response to President Appezzato's inquiry, the City Manager stated that the project originally started out in the General Plan, that the General Plan was adopted in 1991, that the project was one of several recommended to proceed with, that once Council approved the General Plan, then it was staff's responsibility to try to implement the things Council authorized; that staff has no particular feelings about the project one way or the other; and that Council approved the General Plan at a public meeting. Don Roberts, Alameda, stated that the General Plan did not approve the construction of a Couplet; and that the General Plan only recommended looking into the matter. The motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: Councilman Arnerich - 1. Absent: None. 4 -N. (96 -55) Resolution No 12735 "Authorizing the City Manager to Execute a Natural Gas Sales and Aggregation Agreement with ABAG and Appointing a City Representative to ABAG's Power Purchasing Pool Committee.1/ President Appezzato stated that Council recently rejoined the Association of Bay Area Governments (ABAG), and discussed the benefits of said membership. Councilmember DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. REGULAR AGENDA ITEMS 5 -A. (96 -56) Public Hearing to consider an Appeal of a Planning Board Denial of the Preliminary Design Review DR -95 -46 for the construction of a two - story, four - bedroom, single - family dwelling in the rear yard of an existing single family home; the site is located at 543 Santa Clara Avenue; Appellant: Pauline Ken; and Resolution No 12736 "Upholding the Planning Board's Decision to Deny Preliminary Major Design Review (DR- 95 -46) for the Construction of a Two- Story, Four - Bedroom, Single - Family Dwelling in the Rear of an Existing Single - Family Dwelling Located at 543 Santa Clara Avenue." Regular Meeting, Alameda City Council February 6, 1996 7 President Appezzato opened the public portion of the hearing. Peter Smith, Attorney representing Pauline Ken, requested that Council uphold the original staff recommendation to approve the project; stated that he understood the Planning Board has reviewed the project; that he and his client understood the desire to redesign the project and remained willing to work with the Planning Board and neighbors; requested time to meet with neighbors and the Planning Board; stated that based on the Resolution, the concerns of the Planning Board dealt with parking, massing and the basic design; that there was an opinion that the project was of poor architectural quality; and that he and his client would like the opportunity to address some of those issues. In response to Councilmember Lucas' inquiry regarding whether or not Ms. Ken intended to address the Council regarding the matter, Mr. Smith stated that part of the problem is that Ms. Ken does not speak English very well and that he would speak on her behalf. In response to Councilmember Lucas' inquiry regarding whether or not he has read all the material and the neighbors' letters, Mr. Smith replied in the affirmative. In response to Councilmember Lucas' inquiry regarding a suggestion to make the project a one- story, two bedroom house, which would address the massing and parking problems, Mr. Smith stated that there was a wide variety of potential solutions; that the applicant has certain square- footage desires and would like to try and work within design parameters to address said desires; that if, ultimately, the massing can only be addressed by decreasing the square footage of the building, then that might be one of the results; discussed options regarding the massing problems; stated that the zoning allows for a two unit and that his client would like to pursue same; and that he and his client understood the need for infill housing to be compatible and of high - quality design. Councilmember Lucas stated that another concern was high - quality maintenance and workmanship. Mr. Smith stated that Ms. Ken currently resided at the residence and intended to live there permanently; and that the Planning Board could analyze the quality of materials to ensure high- quality maintenance. In response to Councilmember Lucas' inquiry regarding inadequate parking, Mr. Smith stated that he wasn't aware of an existing problem; and that any plan would include parking for four off - street vehicles. Regular Meeting, Alameda City Council February 6, 1996 8 In response to Councilmember Lucas' inquiry regarding property not being maintained, Mr. Smith stated that the intention of the applicant was to create a landscaping plan that is acceptable to the Planning Director and to maintain it in accordance with said plan. Councilmember Lucas stated that the property is not well maintained; and that maintenance was not as good as the neighboring properties. In response to Councilmember Lucas' comments, Mr. Smith stated that he and his client would be happy to submit to a Condition of Approval that requires ongoing maintenance, as well as plant types and items such as that. Martha Coron, Alamedans for a Better City, spoke in support of the Planning Board's denial. Brian Hatoff, Alameda, expressed concerns; encouraged Council to visit neighboring properties that currently have infill housing; and spoke in support of the Planning Board's denial. Mary Rudge, Alameda, representing 20 neighborhood members, spoke in support of the Planning Board's denial; in support of victorian heritage; and commented on undesirable changes in the neighborhood, e.g. formation of a neighborhood watch program, excess vehicles on Webster Street due to fast food restaurants, bars, liquor stores. Gary Thomas, President, Planning Board, stated that said project was the first infill project the Planning Board has reviewed since the Pacific Avenue project; that as a result of the Planning Board's experience with the Pacific Avenue project, including hours of public testimony, the Planning Board is taking a closer look at other infill projects; that even though a project may technically meet Development and Zoning Code requirements, it may still have some negative impacts on the surrounding neighborhood; that the potential of excess mass, inadequate parking configuration and loss of open space all contribute to a lower quality of life; that the Planning Board has gone on record supporting the City policy of affordable, quality housing units; that the Planning Board has stressed that quality not only applies to the units but to the neighborhood and City; that [Ms. Ken's] project was too massive for the neighborhood; that the parking ingress and egress from the site were not adequate; that the adverse impact on the surrounding neighborhood was a concern of the Board; that the original project called for two, two bedroom units; that the applicant could not net the parking requirement so the project was changed to a one, four bedroom unit with a less stringent parking requirement; that problems also existed with scaling down the original project to be Regular Meeting, Alameda City Council February 6, 1996 less massive and to provide for more open space; that from the beginning, [Ms. Ken's] project was designed to be incompatible with the integrity of the surrounding neighborhood, that the Planning Board has indicated that the Board would be inclined to reconsider a less intrusive project and had so informed the applicant the night of the hearing; and that said comments were presented to provide Council with some insight as to how the Board arrived at a decision on the project. President Appezzato thanked Mr. Thomas and Planning Board Members for the work that they do and their efforts. Eve Roberson, Alameda, spoke in support of Planning Board's denial, suggested that a 10-month moratorium on infill be approved until the November Election so voters can voice their support or opposition; and commented on repercussions of infill. President Appezzato stated that Council is attempting to save historic Alameda; and that together with the Alameda Unified School District, the City is going to save the Historic Alameda High School, which will give the City another historic structure. Tony Daysog, Alameda, spoke in support of the Planning Board's denial, and high quality standards for maintenance. Shirley Cummins, Alameda, representing 20 individuals, provided background information on the project; stated that property owners within 100 feet of the subject property were sent notices by the Planning Department; spoke in opposition to notices not being sent to property owners outside of the 100 feet; stated that just outside of the 100 feet, a 22-unit building exists with seven parking places; that said building garages underneath the building are shut tight and rented out; stated that staff never answered her request for names of persons who were advised of the process and provided an understanding of Zoning Regulations and design review; requested refund of a $259 fee so that said monies can be given to the Senior Center to provide cable and view Council Meetings; and commented on homes being auctioned. President Appezzato closed the public portion of the hearing. Councilman Arnerich spoke in support of the Planning Board's denial. Councilmember DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion. Vice Mayor Mannix spoke in support of the Board's recommendation. Regular Meeting, Alameda City Council February 6, 1996 10 President Appezzato stated that the Planning Board does a tremendous job; discussed the findings of the Planning Board; and spoke in support of the Planning Board's denial. The motion carried by unanimous voice vote - 5. President Appezzato announced that Item 5-C would be taken out of order. 5-C. (96-57) Report from Assistant City Manager recommending endorsement of the concept of designating a permanent site for a dog exercise area at Alameda Naval Air Station and authorization for City staff to work with East Bay Regional Park District (EBRPD) staff in implementation of a temporary dog exercise area at Crown Memorial State Beach; and Written Communication from Robert H. Follrath, Sr., Alameda, encouraging support for the Crown Memorial Park enclosed "off leash dog area." Francie Farinet, Alameda Dog Park Committee, Alameda, spoke in support of the recommendation; stated that she has attempted to get an off-leash park for dogs for six years; that the Committee would be responsible for supplying and building the fencing, putting in the water line, placement of garbage cans for dog waste, and clean- up of the park; and requested that the City be responsible for costs relative to insurance, water and garbage. Whitney Woolf, Alameda Dog Park Committee, spoke in support of the recommendation; and stated that animal rights are important. Carmen Lasar, Humane Society of Alameda,spoke in support of the recommendation; stated that apartment and condominium owners who have dogs have no place to exercise their dogs or practice obedience training; and that San Francisco has 14 parks to exercise dogs off-leash. Delilah McKenzie, Alameda, spoke in support of the recommendation; stated that a law currently exists regarding dog owner's responsibility for dog waste clean-up; and commented on rules and regulations at various dog parks, and responsible dog behavior. Jennie Van Hemit, Alameda, spoke in support of the recommendation; and addressed the benefits of a local dog park. Martha Coron, Alameda, spoke in support of the recommendation. Don Bergen, Alameda, spoke in support of the recommendation as long as there was no cost to the City. Regular Meeting, Alameda City Council February 6, 1996 11 Neil Patrick Sweeney, Alameda, spoke in support of the recommendation. Jonathan Kruger, Alameda, spoke in support of the recommendation and other dog parks. Jim Duncan, Humane Society of Alameda, spoke on behalf of Marian Holt, President, spoke in support of the recommendation; suggested that a volunteer group be formed to monitor and police the dog run and to control the hours and rules; stated that the Humane Society was prepared to contribute as much as $5,000 towards the cost of the fencing; and that there should be minimal costs to the City. Doug Siden, Board of Directors, East Bay Regional Park District, spoke in support of the recommendation; discussed land options for the dog run; and urged Council's approval. Councilman Arnerich stated that it was Council's responsibility to respond to the people's needs; spoke in support of the recommendation; acknowledged Francie Farinet, Sunny Beans; Marian Holt, Humane Society; Jim Duncan, previous Commissioner on the East Bay Regional Board; and Doug Siden, Member of the Board of Directors, East Bay Regional Board; and stated that a permanent site would be sought at the Alameda Naval Air Station. Vice Mayor Mannix stated that he is skeptical of the proposal; that he is concerned about the viability of the project; acknowledged that perseverance and the spirit of volunteerism was demonstrated; and stated that he would support the proposal with the following provisions: 1) direct staff to address matters such as site clean- up, safety, unusual costs, and a volunteer marshall program; and 2) staff be requested to provide six-month reports for a 30-month period. Vice Mayor Mannix moved acceptance of the report and recommendation [1) endorse the concept of designating a permanent site for a dog exercise area at NAS (location options will be provided in a future staff report); 2) authorize City staff to work with EBRPD staff in implementation of a temporary dog exercise area at Crown Memorial State Beach consistent with the guidelines adopted by EBRPD; and 3) authorize staff to develop an agreement with the Alameda Dog Park Committee for allocating certain capital and maintenance costs and for developing guidelines for park usage and maintenance]; directed staff to address matters such as site clean-up, safety, unusual costs, and a volunteer marshall program; and that staff be requested to provide six-month reports for a 30-month period. President Appezzato suggested that staff work with BRAG and ARRA on a future location at the Naval Air Station. Angular MerAihg, Alameda City Council February 6, 1996 12 The motion carried by unanimous voice vote - 5. COUNCIL COMMUNICATIONS (Communications from Council) 7-A. (96-58) Consideration of Appointment of Non-Voting Youth Representative to the Social Service Human Relations Board (SSHRB). President Appezzato acknowledged Jennifer Gonzalez in the audience, and stated that she would be formally appointed at the next Council Meeting. Council recessed at 9:13 p.m. and reconvened at 9:37 p.m. REGULAR AGENDA ITEMS (Continued) 5-B. (96-59) Report from President, Social Service Human Relations Board (SSHRB), regarding the Board's Performance and Proposed Work Program. Lois Workman, President, Social Service Human Relations Board, provided a brief review of the report, and discussed goals. Vice Mayor Mannix thanked President Workman for a comprehensive report and cost saving measures; stated that the Board should consider the mandate: 'the Board is to encourage formation of private social welfare organizations,' and work more in that area Vice Mayor Mannix further stated that the commonality of people should be stressed, rather than diversity. Councilmember Lucas thanked Social Service Human Relations Board for their excellent work and recommendations. President Appezzato thanked President Workman for her service to the City and the community. Don Bergen, Alameda, commented on the homeless, Proposition 187, victimization; spoke in opposition to the City funding the Social Service Human Relations Board; and stated that the Board should be dissolved. Vice Mayor Mannix moved acceptance of report and recommendations [1) recognize and act in accordance with the unique social service and human relations needs resulting from Alameda's increasingly diverse population and from the impacts of base closure, 2) support increased funding at all levels of government for child care, job training and employment, housing, health and mental health, crime Regular Meeting, Alameda City Council February 6, 1996 13 prevention, domestic and gang violence, alcohol and drug abuse treatment and "safety net" services; 3) encourage neighborhood cooperation and empowerment to address neighborhood problems; 4) support community-based approaches to law enforcement and crime prevention, e.g. community policing and community conciliation boards; 5) support increased local giving by Alamedans to Alameda agencies and causes; and 6) support pro bono services to needy citizens provided by local professionals, e.g. lawyers, physicians, therapists, etc.]. President Appezzato stated that he hoped the character of the City of Alameda will be determined by how we treat people less fortunate than ourselves. The motion carried by unanimous voice vote - 5. 5-D. (96-60) Report form Public Works Director regarding correction of Street name spelling from "Lagoria" to "Lagorio." Councilmember DeWitt spoke in support of name change except for associated costs. Councilmember Lucas spoke in opposition to the name change and associated costs. Councilman Arnerich spoke in support of the recommendation; stated that the street was named after a famous family in Alameda; and that it was the developer's responsibility to change the signs on the private street. Vice Mayor Mannix spoke in support and moved acceptance of the report and recommendation [approve the street name change of "Lagoria Court" to "Lagorio Court", effective April 1, 1996, direct the Central Permit Office make all necessary notifications; and direct the Homeowners' Association to make the necessary street name sign changes]. President Appezzato spoke in support of the recommendation. The motion carried by the following voice vote: Ayes: Councilman Arnerich, Vice Mayor Mannix and President Appezzato - 3. Noes: Councilmembers DeWitt and Lucas - 2. Absent: None. 5-E. (96-61) Report from Planning Director regarding Written Communication from Andrew and Susan McCormack, Alameda, regarding Requests for Fee Waiver and a Special Exception for 1238 Versailles Avenue. Written Communication from Andrew and Susan McCormack, Alameda, regarding Requests for Fee Waiver and a Special Exception for 1238 Versailles Avenue. Regular Meeting, Alameda City Council February 6, 1996 14 President Appezzato stated that he requested that the report be provided to Council so Council could attempt to remedy the problems regarding The Webster House; and stated that there appeared to be two remaining obstacles: 1) variance to put a cover on a deck, and 2) request for a fee waiver. The Planning Director stated that there was an issue of encroachment into the required side and rear yards; that the proposed project does not comply with the laws; that she has no authority to set aside the laws; commented on discussions held with the McCormacks; and stated that all the City needed to move forward was for the variance to be filed and processed. Discussion was held regarding the fee waiver. President Appezzato stated that discussion regarding the fee wavier was unnecessary at this time and that the matter was going before the Planning Board for recommendation. In response to President Appezzato's inquiry, the Planning Director discussed variance regulations and process, and the necessity for same. President Appezzato stated that he supported the completion and rehabilitation of The Webster House, and that it is a City treasure. The Planning Director stated that she is not allowed to accept and process a permit unless a fee is paid pursuant to the Alameda Municipal Code; that the McCormacks have indicated that they do not want to pay the fee and desire a fee waiver; and that until the McCormacks file for the variance she has nothing to process, or put before the Planning Board. In response to President Appezzato's inquiry, the Planning Director stated that the McCormacks cannot apply for the variance without first paying the fee; that the McCormacks could pay the fee, apply for the fee waiver, and if the fee waiver is granted [the monies would be returned]. Earl Peacock, Grassroots Committee for Fair Taxation, spoke in support of the fee waiver request; commented on damage done to The Webster House due to recent storms; discussed the historical significance and zoning of the property; and made various recommendations. Mary Rudge, stated that money should be donated to the McCormacks so that the work can be completed; and commented on the importance of The Webster House and the pleasure it brings to the community. Regular Meeting, Alameda City Council February 6, 1996 15 Discussion was held regarding establishing a fee waiver policy and criteria for same, e.g. income, financial hardship. In response to Councilmember DeWitt's inquiry, the City Manager stated that the McCormacks elected not to proceed with the proposed fee waiver schedule. Shirley Cummins, spoke in support of the fee waiver request. Neil Patrick Sweeney, spoke in support of the fee waiver request; and discussed loss of City revenue due to delay in restoration at The Webster House. Susan McCormack, owner of The Webster House, submitted a written response to the Planning Director's communication regarding allegations dated February 1, 1996; provided an overview of the response to allegations; provided reasons for not applying for the variance; made clarifications; commented on damage done to The Webster House due to recent storms; and spoke in support of requests for fee waiver and a special exception. President Appezzato inquired whether Council would consider holding in abeyance the $1,000 in fees until the matter is heard before the Planning Board and establishing criteria to accomplish same, e.g. historical buildings, financial hardships, etc. Councilmember Lucas stated that she was hesitant to make law on the spot, to set a precedent that ties future Councils, and to give a possible basis for claiming discrimination; and that the fee waiver request will be heard at the Planning Board on February 26. In response to President Appezzato's inquiry, the Planning Director stated that the matter could be heard before the Planning Board without payment of $1,000; that the Planning Department processes fee waiver requests and do not charge the fee if it's granted; and that the Planning Board considers fee waivers when fees are paid, and money is refunded if granted, The Planning Director further discussed the fee waiver process. In response to President Appezzato, the Planning Director stated that the matter regarding the variance cannot be heard at the Planning Board; that the McCormacks can pay the fee and receive a refund when the waiver is granted; and that, pursuant to the Alameda Municipal Code, she cannot accept an application unless a waiver has already been granted or the fee is paid. Councilmember Lucas stated that the McCormacks have the option of either paying the $1,000, or paying it off in installments, which the McCormacks have declined. Regular Meeting, Alameda City Council February 6, 1996 16 In response to President Appezzato's inquiry, the City Manager stated that the first installment can be arranged so that it would come after the matter appeared before the Planning Board. Councilmember Lucas announced that Mr. Peacock volunteered to paid the $1,000 fee for the McCormacks. Gary Thomas, President, Planning Board, stated that the issues needed to be resolved; that he has talked with the McCormacks and the Planning Director; that if the variance and fee waiver are resolved, he is confident that the remaining issues will be resolved too; that the Planning Board has agreed that, if necessary, a special meeting would be held to address the matter. Andrew McCormack, owner of The Webster House, discussed zoning and commitments made by him to the City. John Scott Graham, Alameda, commented on the restoration of The Webster House. Vice Mayor Mannix moved acceptance of the report. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Council recessed at 10:51 p.m. and reconvened at 10:58 p.m. 5-F. (96-62) Resolution No. 12737 "Transferring Ownership from the County of Alameda to the City of Alameda and Assuring Veterans Continued Access to and Use of the Alameda Veterans' Memorial Building as Required by the California Military and Veterans' Code." President Appezzato stated that the City currently owns the land that the Veterans' Building is on, and will now own the Building too. Allen Derr, Alameda, spoke in support of the Resolution; and expressed concerns regarding ADA accessibility and the projection that the Building will be self-supportive in two years. President Appezzato stated that revenue was coming in from churches and other groups. Roy Edwards, Representing Disabled American Veterans, Chapter 8, Alameda, spoke in support of the Resolution, and read from same; and commented on current revenue being generated. Vice Mayor Mannix moved adoption of the Resolution. Councilmember DeWitt seconded the motion. Regular Meeting, Alameda City Council February 6, 1996 17 Councilman Arnerich expressed concerns regarding costs, roof leakage, staffing, salaries, and landscaping; requested further information regarding operating costs; spoke in support of transferring ownership of the building once operating costs are determined; and spoke in opposition to transferring ownership at this time. In response to President Appezzato's inquiry, the City Attorney stated that there was nothing in the existing lease between the City and the County that required the County to continue operation of the building. Discussion was held regarding types of activities at the Veterans' Building. The City Manager stated that rental use of the building has been authorized for certain occasions, and will create revenue; that the roof leakage problems have been corrected; and that ADA accessibility and various other issues need to be addressed. The Public Works Director discussed work performed by the County; and stated that further work was necessary. Discussion was held regarding operating costs. The motion carried by the following voice vote: Ayes: Councilmember DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 4. Noes: Councilman Arnerich - 1. Absent: None. 5-G. (96-63) Final Passage of Ordinance No. 2718 "Amending the Alameda Municipal Code by Amending Section 30-6 (Sign Regulations) of Article I (Zoning Districts and Regulations) of Chapter XXX (Development Regulations) and by Adding a New Subsection 30-6.17 (Special Requirements for Auto Row Signs)." Councilmember Lucas moved final passage of the Ordinance. Councilmember DeWitt seconded the motion. Councilman Arnerich spoke in support of the Ordinance with the exclusion of the provision for balloons. Councilmembers Lucas and DeWitt concurred and requested that the City Attorney amend the Ordinance accordingly. The City Manager stated that the City Attorney had provided an amended Ordinance excluding the provision of balloons for their approval. The motion carried by unanimous voice vote - 5. Regular Meeting, Alameda City Council February 6, 1996 18 5 -H. (96 -64) Written Communication from Don Bergen, Alameda, requesting that the City acquire flag poles to commemorate American patriotic holidays and certain individuals. Don Bergen, Alameda, spoke in support of the request. Gerhard Degemann, Alameda, spoke in opposition to the request due to costs for a short -term benefit [City Hall relocating in near future]. Councilmember Lucas moved acceptance of the written communication. Councilman Arnerich seconded the motion. Councilman Arnerich stated that three provided at the new City Hall. (3) flag poles should be The motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON - AGENDA (Public Comment) 6 -A. (96 -65) Don Bergen, Alameda, suggested that the Council adjourn in memory of the American soldier who recently lost his life in Bosnia. Mr. Bergen further stated that he would be submitting a Written Communication on selling the Chuck Corica Golf Course. 6 -B. (96 -66) Dr. K. Takeoka, Alameda, discussed the Chuck Corica Golf Course personnel issues. 6 -C. (96 -67) Ron Gamble, Alameda, discussed the Chuck Corica Golf Course personnel issues. 6 -D. (96 -68) David Hamilton, Alameda, discussed the Chuck Corica Golf Course personnel issues. 6 -E. (96 -69) Ed Trevethan, Alameda, discussed the Chuck Corica Golf Course personnel issues. COUNCIL COMMUNICATIONS (Communications from Council) (Continued) 7 -A. See Paragraph (96 -58). 7 -B. (96 -70) Councilmember DeWitt stated that he would like a report on youth centers, and suggested that staff look at other cities' programs; e.g. financing. 7 -C. (96 -71) Councilman Arnerich announced that the Court date for the houseboat matter was February 26, 1996. Regular Meeting, Alameda City Council February 6, 1996 19 ADJOURNMENT 8 -A. (96 -72) President Appezzato adjourned the meeting at 11 :48 p.m. in memory of Terena Fermenick, young wife and mother, who violently lost her life. Resp'!}ectfully submitted, Y DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Regular Meeting, Alameda City Council February 6, 1996 20