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1996-09-03 Regular CC Minutes252 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1996 The meeting convened at 7:33 p.m. with Mayor Ralph Appezzato presiding. Councilmember Karin Lucas led the Pledge of Allegiance. Reverend Don Taylor, Central Baptist Church, gave the invocation. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, and President Appezzato - 4. ABSENT: Vice Mayor Mannix - 1. SPECIAL ORDERS OF THE DAY (96-485) Presentation of Certificate of Service to Solomon Edwards, former Tenant-Member of the Housing Commission. President Appezzato presented Certificate to Solomon Edwards. Mr. Edwards thanked the City Council for having had the opportunity to serve Alameda and the people who needed help with housing. (96-486) Presentation of Certificate of Service to Judge C. Richard Bartalini, former Member of the Civil Service Board. President Appezzato presented Certificate to Judge C. Richard Bartalini. Judge Bartalini stated that he enjoyed serving on the Civil Service Board and working with the Personnel staff. He also thanked the Council for his recent appointment to the Housing Commission. (96-487) Presentation of Certificate of Service to Bruce C. Reeves, former Member of the Housing Commission. President Appezzato presented Certificate to Bruce C. Reeves. Mr. Reeves stated that it was an honor to serve on the Housing Commission; Alameda's Housing Authority is the best in the entire Bay Area; and he thanked the City Council for supporting the Commission's efforts. (96-488) Presentation of Certificate of Service to William Trujillo, former Member of the Housing Commission. William Trujillo was not in attendance. Regular Merlins Alameda City Council September 3, 1996 1 2 ,t (96-489) Presentation of Certificate of Service to Robert Nicol, former Member of the Historical Advisory Board, Design Review Board, and Historical Advisory Commission. President Appezzato presented Certificate to Robert Nicol. Mr. Nicol stated that he enjoyed working with the City for over twenty-two years and maintaining the historical aspects of Alameda. (96-490) Presentation of Certificate of Service to William Gorman, former Member of the Housing and Building Code Hearing and Appeals Board. William Gorman was not in attendance. (96-491) Presentation of Certificate of Service to Barbara Guenther, former Member of the Social Service Human Relations Board. President Appezzato presented Certificate to Barbara Guenther. Ms. Guenther thanked the City Council for the opportunity she was provided to serve on the Social Service Human Relations Board. CONSENT CALENDAR President Appezzato announced that the following agenda item would be removed from the Consent Calendar for discussion (96-501) Resolution Appointing Assistant City Manager Robert L. Wonder as Interim City Manager. Councilman Arnerich moved approval of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. Items so enacted or adopted are indicated.by an asterisk. (*96-492) Minutes of the Regular and Special City Council Meetings of August 20, 1996 and Special City Council Meeting of August 6, 1996, 9:00 p.m. Approved. (*96-493) Report from Public Works Director recommending Acceptance of Work by Lucas Concrete for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter and Driveway for the Fiscal Year Ending June 30, 1996, No. P.W. 04-95-06. Accepted. (*96-494) Report from Public Works Director recommending acceptance of work by Re-New Sealers, Inc. for Minor Street Patching with Asphalt Concrete for the Fiscal Year Ending June 30, 1996, No. P.W. 04-95-07. Accepted. Regular Meeting Alameda City Council September 3, 1996 2 ( *96 -495) Report from Public Works Director recommending Award of Contract in the Amount of $2,165,000 to K.J. Woods Construction, Inc. for Infiltration and Inflow, Phase 5, Sanitary Sewer Replacement, No. P.W. 08- 95 -15. Accepted. ( *96 -496) Report from Public Works Director recommending acceptance of work by D.H.R. Construction for Concrete Cart Path Installation on the Jack Clark Course at the Chuck Corica Golf Complex, No. P.W. 02- 96 -02. Accepted. ( *96 -497) Report from Public Works Director recommending acceptance of work by Fox Construction for Fire Station #1, ADA, Seismic & HVAC Upgrading, and Asbestos Abatement, No. P.W. 10 -94 -16 and Fire Station #2, ADA Upgrading and Asbestos Abatement, No. P.W. 10 -94- 17. Accepted. ( *96 -498) Report from Public Works Director recommending adoption of Revised Plans and Specifications and authorization to re- advertise for Bids for the Construction of a New Recreation Building and Playground Improvements at Krusi Park, No. P.W. 08 -95- 16. Accepted. ( *96 -499) Resolution No. 12814 "Adopting City of Alameda Family and Medical Leave Policy." Adopted. ( *96 -500) Ratification of Bills in the amount of $1,473,240.43. Ratified. (96 -501) Resolution No. 12815 "Appointing Assistant City Manager Robert L. Wonder as Interim City Manager." Adopted. Neil Patrick Sweeney thanked the City Council for appointing, Mr. Wonder as the Interim City Manager. Councilmember Lucas moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. REGULAR AGENDA ITEMS (96 -502) Resolution No. 12816 "Appointing Frederick A. Chew, Jr. as a Member of the City Housing and Building Code Hearing and Appeals Board." Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. Regular Meeting Alameda City Council September 3, 1996 3 The City Clerk administered the Oath of Office to Mr. Chew. Mr. Chew commented briefly that he served on a Department of Housing and Urban Development Architectural Board in the past, and thanked the Council for said appointment. (96-503) Resolution No. 12817 "Appointing Jean C. Gaskill as a Member of the City Civil Service Board." Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office to Mr. Gaskill, Mr. Gaskill stated that it was an honor to be selected to serve on the Board. (96-504) Public Hearing to consider adopting a Mitigated Negative Declaration, IS-95-10, for a proposal for 106 single-family units to be located at 791 Thau Way (Island Drive-In Site); and to consider General Plan Amendment GPA-96-1 to amend General Plan Guiding Policy 2.6a; and to consider a Rezoning to change 791 Thau Way from C-M-PD (Commercial-Manufacturing, Planned Development) District to R-5-PD (General Residential, Planned Development) District; and related Resolutions and Ordinance. Resolution No 12818 "Adopting Mitigated Negative Declaration, IS- 95-10, for General Plan Amendment, GPA-96-1, Rezoning, R-95-2, and a Development and Disposition Agreement, for a Proposal to be Located at 791 Thau Way (Island Drive-In Site)." Adopted. Resolution No. 12819 "Approving General Plan Amendment, GPA-96-1, To Amend General Plan Guiding Policy 2.6a." Adopted. Introduction of Ordinance "Reclassifying and Rezoning Certain Properties Within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., for that Property Located at 791 Thau Way." Introduced. Mr. Quaglia, representing the Developer, stated he was available to answer questions. Councilmember Lucas inquired whether there will be a play lot for tiny tots. Mr. Quaglia responded that the Riding Company will work with the Planning Board on recreation areas. Regular Meeting Alameda City Council September 3, 1996 4 Gary McAfee, Alameda, inquired whether the project will be effected by State low-income housing mandates. The Planning Director responded that the Applicant is paying an in- lieu contribution, and the Community Development Department and Community Improvement Commission will be responsible for finding a site for the project's required affordable housing. Gary McAfee, Alameda, inquired whether there were any traffic studies on the project. The Planning Director responded that a traffic study is included in the proposed Negative Declaration. Gary McAfee, Alameda, inquired whether the project was in concert with the General Plan. The Planning Director responded that the General Plan calls for the development of 150 to 200 housing units on the site; that the developer is requesting a General Plan Amendment to remove the minimum number of housing units; and that the proposed rezoning will bring the zoning into compliance with the General Plan. Neil Patrick Sweeney, Alameda, discussed the importance of home ownership. Barbara Kerr, President of Northside Homeowners' Association, stated commute-hour traffic should be an important consideration, and the project's impact on traffic in the surrounding neighborhoods must be addressed during the process. William McClure, Alameda, stated that there are too many proposed units, and the proposal should be tabled pending resolution of the density factor. John Fee, Alameda, briefly commented on the project's open space-, traffic-, design- and zoning proposals. In response to Councilmember Lucas, the Planning Director stated that in-lieu fee will be negotiated between the developer and the Community Development Department; in-lieu fee is on the order of $3,500 per unit; and that the total contribution will be over $300,000. In response to Councilmember Lucas's inquiry whether there is a plan for a tiny tots play lot, the Planning Director stated Lot 96 is being considered for open space; that each property will have a backyard for young children; and that Council's concerns will be conveyed to the Planning Board next week. Regular Meeting Alameda City Council September 3, 1996 5 Tom Quaglia stated that the Riding Company is not adverse to providing a tiny-tots play lot, and they will work with staff and the Planning Board. Councilman Arnerich stated it was incumbent that the developer provide an active playground. Councilmember Lucas moved adoption of the resolutions, and introduction of the ordinance. Under discussion, Councilmember DeWitt stated that he reviewed the project's plans, and he wondered if new maps would include said changes. The Planning Director responded the completion of the Development Code process, together with community participation, will remove conflicts and reduce amendments. Under discussion, President Appezzato stated that the Drive-in Theater site has been a blighted area; Project will turn the area into a showpiece; the City received an EDA grant for $3 million dollars to beautify Main Street and prevent flooding of the entrance to the Naval Air Station, e.g. storm drains, elevated roadway, that Caltrans, at no cost to the General Fund, will install a new 22-inch sewer line under the channel replacing the old one; that the ferry terminal belongs to Alameda once again; and that the City hopes to develop the [former] Skippy [peanut butter] site shortly. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-505) Report from Public Works Director regarding designation of 4-way stop controls at Fir/Oleander Avenues and Holly Street; and Appeal of Transportation Advisory Committee's July 24, 1996, Decision Denying Installation of 3-way stop controls at Oleander/Melrose Avenues. Norm Lynds, Manager of Islandia, stated that stop controls at Melrose Avenue are necessary. Tom Teare, Garden Isle resident, stated that he was present to speak in favor of stops controls at Oleander/Melrose Avenue and the Appeal. George R. Thenn, Jr., Old Alameda Pointe resident/Appellant, stated the Appeal points out that the stop controls should be approved. Regular Meeting Alameda City Council September 3, 1996 6 Councilman Arnerich stated that he believes people must slow down in the area, and although the issue is traffic enforcement, he will support the Appeal. Tony Calamonaci, Alameda, stated he would like stop controls at Oleander/Melrose Avenue, and he supports the Appeal. President Appezzato stated that he hopes the Chief of Police will take note of the excessive speeds. Henry Long, Lighthouse Cove Development resident, stated that his Homeowners' Association is in favor of installing stop controls at both sites. Councilman Arnerich moved to uphold the Appeal and approve 4-way stop controls at Fir/Oleander Avenue and Holly Street. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. (96-506) Report from Public Works Director regarding Conceptual Plans for Interim Parking Lot at Civic Center. Diane Coler-Dark, Alameda, urged the Council to direct staff to move forward on the project. President Appezzato provided background information on the matter; stated that a parking garage in the center of Alameda will help the schools, churches, Library, businesses, and citizens; there have been lengthy discussions regarding a parking structure; and he is concerned that design work- and construction costs for an interim parking lot were high. President Appezzato further stated that he is leaning toward giving staff direction to proceed with the parking garage itself. The Public Works Director responded that it would be a reasonable and economic way to proceed. Councilman Arnerich stated that the matter should be sent back to the staff to: 1) obtain a cost estimate for construction of a two- or three-story garage, and 2) acquire proposals. President Appezzato stated that the parking structure will probably be three stories, include small businesses on the corners, and designed to reflect the Civic Center; and the costs brought to Council for a public hearing. Regular Meeting Alameda City Council September 3, 1996 7 Councilmember DeWitt stated he agrees that the City should move forward with a parking structure. Councilmember Lucas stated that she agrees also. President Appezzato stated he believes moving forward with a parking structure will save $500,000, and staff should bring the matter to Council when there are buy-ins with Mr. Delanoy of Video Mania and Long's Drugstore. Councilmember Lucas moved that Council accept the report, and direct staff to move forward with a parking structure in the center of town. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-507) Report from Acting City Manager on status of options for the Linoaks Motel, the Carnegie Building, and temporary Main and Children's Libraries. Dave Plummer, Alameda, stated staff report does not reflect the feeling and votes of the citizens [who voted "no" on the March, 1996 Ballot Measure C; Measure failed], and the voters want the Carnegie building retained as the Main Library and expanded on City-owned properties. President Appezzato responded that the vote [result] was not to build a library at the Linoaks site. Don Roberts, Alameda, stated that the proposal before Council appears to be a device to board-up the Carnegie Library and to hope something happens so that the Carnegie does not have to be rehabilitated or seismically upgraded; and the impression he got from the vote [on Measure C] was that people want the Carnegie Library to: 1) remain as the Main Library, 2) be seismically upgraded, and 3) rehabilitated, and as soon as possible. President Appezzato stated he agrees the [majority] people want the current Library to remain at the Carnegie building. Carl Halpern, representing Alameda 2000, stated that the organization regards the seismic upgrading of the Carnegie building a necessary step; that the Carnegie is an inadequate library for a city of its size; that the opponents of Measure C, who felt the financing mechanism was unfair, should get together with the proponents to find a fair financing mechanism, so Alameda can have a library which is suitable for a city of its size; and Alameda 2000 wants a new library built, and to work with all members of the community. Regular Meeting Alameda City Council September 3, 1996 8 President Appezzato stated the voters do not want to fund the construction of a new library at the Linoaks site, and he believes the intent of the vote was to maintain the Library at its present site. Councilmember DeWitt stated that the Carnegie building will not be available after November, 1997; City must find an alternate, temporary location for the Main Library; and Council should move the matter forward. President Appezzato stated that his inclination is to give staff direction to begin discussions with the Alameda Unified School District, and to consider putting the library in the west wing of the Historic Alameda High School. Councilmember Lucas moved that Council accept the report, and direct staff to pursue Option A [west wing of HMS] of the August 27, 1996 staff report. Councilman Arnerich seconded the motion, and commented that Option A will provide a central location for an interim main library. Under discussion, Councilmember DeWitt stated that staff should be considering more than seismically upgrading the Carnegie building, staff should be determining whether: 1) any property is available south of the Library, 2) design can be modified, and 3) funding obtained; the site deserves more of an intelligent observation; and additional information is needed on how to make the Carnegie building work as a Library and/or the choices. On the call for the question, the motion carried by unanimous voice vote - 4. * * * Council recessed at 8:55 p.m. and reconvened at 9:02 p.m. * * * (96-508) Report from Public Works Director recommending authorization to execute an Amendment to the Agreement with the Alameda West Lagoon Homeowners Association (AWLHOA) for Operation and Maintenance of the South Shore Lagoon. Councilmember Lucas moved acceptance of the report and recommendation. Councilman Arnerich seconded the motion. Regular Meeting Alameda City Council September 3, 1996 9 Under discussion, Councilmember DeWitt stated that the Agreement is a benefit to the Association and City. On the call for the question, the motion carried by unanimous voice vote - 4. (96-509) Written Communication from Wayne T. Pearce, Alameda, opposing State of California Air Resources Board's mandate for the use of reformulated gasoline. Wayne T. Pearce, Alameda, stated that the State's mandate on reformulated gasoline has a potential for danger to the public. President Appezzato thanked Mr. Pearce for bringing the matter to the Council's and citizens' attention. Councilmember Lucas moved acceptance of the Written Communication. [without action]. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-510) Written Communication from Wayne T. Pearce, Alameda, regarding crime at South Shore Shopping Center. Wayne T. Pearce, Alameda, stated that the City should send a message to the corridor cities that Alameda will not tolerate criminal-type behavior. Neil Patrick Sweeney, Alameda, suggested that Council provide the Chief of Police with funding for security purposes, e.g. surveillance cameras. In response to Councilman Arnerich, the City Manager stated that an additional [security] position, funded by Harsch Development, was added to work the South Shore Shopping Center. Councilmember DeWitt stated that he recently attended a seminar on crime prevention, and he would like a staff report from the Police Department on local crime prevention programs. The City Manager responded that staff will provide a report. Councilman Arnerich moved acceptance of the Written Communication. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. Regular Meeting Alameda City Council September 3, 1996 10 ORAL COMMUNICATIONS, NON - AGENDA (96 -511) Anonymous speaker, Alameda, stated that the following City employees owe him a written apology: Mayor, Chief of Police, and City Manager; that citizens are slowly losing their rights and privacy; and that the statement "Public Speakers May Remain Anonymous" should be added to the speaker slips. (96 -512) Neil P. Sweeney, Alameda, discussed funding and revenue issues. (96 -513) John Fee, Alameda, discussed crime prevention. (96 -514) Gerhard Degemann, Alameda, stated that the Mayor should continue to provide progress reports on City matters, e.g. projects, at Council Meetings. (96 -515) Earl Peacock, Alameda, stated that he had an opportunity to accompany Alameda Police Officers on patrol at the South Shore Shopping Center, and the Department is entitled to a good pat on the back. COUNCIL COMMUNICATIONS (96 -516) Councilman Arnerich stated that solicitors should be restricted to the hours 9 :00 a.m. to 8 :00 p.m., and staff should report back to the Council on matter. (96 -517) Consideration of Mayor's nominations for appointment of two Tenant - Members to the Rent Review Advisory Committee. President Appezzato appointed Lauren Carlysle and Barbara Scott to the Committee. (96 -518) Consideration of Mayor's nomination for appointment to the Mayor's Committee for the Disabled. President Appezzato appointed Reverend Wilfred Hodgkin to the Committee. (96 -519) Written Communication from League of California Cities and Designation of Voting Delegate for League's Annual Conference. Councilman Arnerich moved that Councilmember Karin Lucas be designated as the Voting Delegate for the League of California Cities meeting in October. Councilmember Dewitt seconded the motion, which carried by unanimous voice vote - 4. Regular Meeting Alameda City Council September 3, 1996 11 (96-520) President Appezzato stated that the Planning Board should address the zoning of a vacant-lot parcel located at Otis and Westline Drive, and quickly; that the owners are considering developing the parcel; and prior to design review, the Planning Board should report to Council on the matter. Councilmember Lucas stated that the City Attorney should provide the Council with an opinion on the effect of downzoning property. 8. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the Council Meeting at 9:29 p.m. Respectfully submitted, DANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance and in accordance with the Brown Act. Regular Meeting Alameda City Council September 3, 1996 12