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1996-10-01 Minutes2 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL OCTOBER 1, 1996, 6:45 P.M. The meeting was convened at 6:45 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. ABSENT: None. (96-540) Adjournment to Closed Session to consider: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organization(s): Alameda City Employees Association - ACEA. Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9. Number of Cases: One. Announcement of Action Taken in Closed Session Following the Closed Session, President Appezzato announced regarding the Conference with Labor Negotiator(s), that Council gave instructions to City's Labor Negotiator(s); and that said action was approved by a motion carried by 3 Ayes and 1 Abstention. President Appezzato announced regarding Anticipated Litigation, that Council gave instructions to Legal Counsel. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the meeting at 7:35 p.m. Respectfully 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 Closed Session 6:45 p.m., October 1, 1996 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 1996 The meeting convened at 7:40 p.m. with Mayor Ralph Appezzato presiding. Councilman Arnerich led the Pledge of Allegiance. ROLL CALL - PRESENT: ABSENT: SPECIAL ORDERS OF THE DAY Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. None. (96-541) Proclamation declaring October 6 through 12, 1996 as Public Power Week. President Appezzato read the Proclamation and presented it to Kenneth Hansen, President of the Public Utilities Board. President Appezzato stated that the Alameda Reuse and Redevelopment Authority is in negotiations with an electric car company to locate their manufacturing at the Naval Air Station. (96-542) Presentation of a Certificate of Appreciation to Mr. George Jaber for his donation of the High Street Station area Fountain to the City of Alameda. Andrew McCormack, Alameda, expressed appreciation for Mr. Jaber's contribution. President Appezzato thanked Mr. Jaber and the Jaber family on behalf of himself and the citizens of Alameda, and presented the Certificate to George Jaber. Mr. Jaber stated that he always envisioned Alameda as a garden city, and he hopes the City fathers will build another fountain in front of the new City Hall. President Appezzato suggested that the Interim City Manager inquire whether the Contractor for the new City Hall would provide a fountain at no cost. CONSENT CALENDAR Councilman Arnerich moved approval of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by the Regular Meeting Alameda City Council October 1, 1996 1 following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas, and President Appezzato - 4. [Note: Councilmember Lucas abstained from voting on the Minutes, and stated that she was not in attendance at the September 17th Council Meeting.] Items so enacted or adopted are indicated by an asterisk. (*96-543) Minutes of the Special and Regular City Council Meetings of September 17, 1996. Approved. [Abstentions - Councilmember Lucas] (*96-544) Report from Public Works Director requesting authorization for allocation of Assessment District 89-1 Funds for and approval of CIP 96-29, Signalization of Atlantic Avenue and Challenger Drive. Accepted. (*96-545) Ratified Bills in the amount of $1,557,670.76. REGULAR AGENDA ITEMS (96-545A) Resolution No 12822 "Reappointing Bonnie McKean as a Member of the City Economic Development Commission (Community-At- Large)." Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office to Ms. McKean. Bonnie McKean stated that she looks forward to continuing to serve. (96-546) Resolution No. 12823 "Reappointing R.E. Stone as a Member of the City Golf Commission." Adopted. Councilman Arnerich moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office to "Rick" Stone. Mr. Stone stated that he appreciates the reappointment, and he looks forward to the next four years. (96-547) Resolution No. 12824 "Appointing Anthony Corica as a Member of the City Golf Commission." Adopted. President Appezzato stated that Mr. Corica is replacing Mr. Cal Regular Meeting Alameda City Council October 1, 1996 2 2 '7 iJ Santare, who will be recognized in the near future. Councilman Arnerich moved adoption of the Resolution. Councilmember Lucas seconded the raotion, • which carried by unanimous voice vote. - 4. The City Clerk administered the Oath of Office to Mr. Corica. Anthony Corica stated that it is an honor to serve on the Commission created by his father [former Mayor Chuck Corica]; the Golf Complex is one of the City's most important resources; and he pledges to do his best to ensure that the Complex remains one of the finest in the United States. (96-548) Public Hearing to consider Tentative Map Application, TM- 6877, to allow 106 residential lots and associated open space and street layout at 791 Thau Way (former Island Drive-In site) and proposed street names for the development. Applicant: Tom Quaglia for the Riding Company; and Resolution No. 12825 "Approving Tentative Map TM-6877 at 791 Thau Way (Former Island Drive-In Site)." Adopted. Tom Quaglia, Riding Company, stated that final revisions requested by both the Planning Board and the City Council were accommodated into the Project. In response to President Appezzato and Councilmember DeWitt, Mr. Quaglia stated that the Project includes 106 residential lots and two recreation areas. In response to Councilman Arnerich's inquiry, the Planning Director stated that there are four lots that do not have sidewalks, so that there is no blocking of any pedestrian facility. Councilman Arnerich stated that he does want to meet with Mr. Quaglia on the basketball court dimensions, which should be 38' by 42'. In response to Councilman Arnerich, the Planning Director stated that the proposed street names were selected from the street naming list that is approved by the Historical Advisory Board. President Appezzato stated that he has mixed emotions about a basketball court. Mr. Quaglia responded that a basketball court in the play area will not attract teenagers. Regular Meeting Alameda City Council October 1, 1996 3 277 Gary McAfee, Alameda, inquired about the required 16 subsidized units. The Planning Director responded that there has not been a decision on where the subsidized units will be located, and the Applicant has reached some agreement with the staff to the Community Improvement Commission to provide an in -lieu payment. Gary McAfee, Alameda, inquired whether the Bridgeport Apartments would receive the 16 subsidized units. President Appezzato stated that he is not aware of anyone mentioning the Bridgeport Apartments with these 16 units. The Planning Director stated that she mentioned the Bridgeport Apartments at the last Council Meeting, as an example of the way in which funds from this project could go toward acquisition of the property by a developer, and satisfy housing needs. Mr. McAfee asked why the developer was not considering placing the 16 units within the development. The Planning Director responded that the matter was discussed by the Community Development Department with the developer, and the issue will go before the Community Improvement Commission within the next few months. Councilmember DeWitt stated that neither the West End or any part of Alameda should be a dumping ground for affordable housing. President Appezzato stated that the community has to understand that the area is in a redevelopment zone; the Marina Village complex is in a redevelopment zone; monies came from the federal government to upgrade the area; and the future of the West End looks very bright. John Fee, Alameda, suggested that a swimming pool and putting green be considered for the Project's recreation areas. Mr. Degemann, Alameda, stated that he was pleased to see the naive Alice Challen on the list of street names for the project area. Councilmember Lucas moved approval of the recommendation [City Council approve Tentative Map, TM -6877, based on the findings and with the conditions contained in the Resolution, and approve the street names as shown on the Tentative Map, except that Schuler Court shall be changed to DeCelle Court, Norton Court shall be changed to Bosshard Court, and Justice Court shall be changed to Volberg Court]. Regular Meeting Alameda City Council October 1, 1996 4 2 Councilman Arnerich seconded the motion. Under discussion, Councilman Arnerich stated that many things have been accomplished in the City, and he is proud to support the Project. Councilmember DeWitt stated concern regarding traffic near the recreation areas. The Planning Director responded that staff is working on the matter with the Developer. On the call for the question, the motion carried by unanimous voice vote - 4. (96-549) Report from Planning Director regarding request for a Fee Waiver by Andrew and Susan McCormack for Appeal of Planning Director's determination regarding property located at 1238 Versailles Avenue. Neil Patrick Sweeney, Alameda, stated that Council should approve the McCormacks' request. Andrew McCormack, Alameda, stated that the $631 for determination of the project could be used to buy shingles for the oldest house in Alameda. President Appezzato stated that he understands Council cannot discuss the Planning Director's determination. Susan McCormack, Alameda, stated that she believes she can address the determination. The Planning Director stated that the McCormacks have been issued a decision (determination] verbally; Mrs. McCormack has indicated that Mr. McCormack and she would like to appeal the decision, however, they cannot afford the fee; the fee would cover part of the cost of a public hearing before the Planning Board; and the matter before Council is a waiver of the appeal fee so the McCormacks can pursue a written determination. The City Attorney stated that Council must presume that the determination by the Planning Director will be adverse to the McCormacks; Council must presume that the McCormacks want to appeal the determination; Council must presume that the McCormacks have a financial hardship, as claimed; and Council, based on those three presumptions, will determine whether to waive the fee. The City Attorney further stated that the McCormacks should not discuss the merits of the appeal. Regular Meeting Alameda City Council October 1, 1996 5 279 Susan McCormack stated that the project is in the public's interest because the City of Alameda's Monument No. 22 is a public resource for the City; the current Planning process does not seem to be a fair one; and she hopes the City Council will grant the fee waiver. Councilman Arnerich stated that he is weary of and beside himself with the Webster House situation. In response to Councilmember Lucas, Mrs. McCormack stated that the temporary shed would exist through the renovation of the Webster House. In response to President Appezzato's inquiry, Mrs. McCormack stated that restoration costs would be between $60,000 and $80,000; and when the house was made a historical monument, they promised the Historical Advisory Board that the exterior would be restored, if possible. John Fee, Alameda, stated that Council should grant a fee waiver. Don Roberts, Alameda, stated that the only issues that should have been discussed by Council were those of public benefit and/or financial hardship; he is unaware of any other person who has been allowed to request an appeal fee waiver prior to an actual written determination; and he hopes it was not done because Susan McCormack is running for City Council. Councilmember Lucas stated that the McCormacks are providing a valuable service to the community in restoring the property; she appreciates the Planning Director and City Attorney for assisting in making a decision by the Council possible; and moved to grant a fee waiver. Councilman Arnerich seconded the motion. Under discussion and in response to President Appezzato, the Planning Director stated that she does not issue written decisions on everything; when someone asks how a certain [Alameda Municipal] Code section applies and believes it is inappropriate, she is always happy to issue a determination in writing so the appeal process may proceed; and she would offer the same approach to anyone who felt they could not afford the appeal fee. Under discussion, President Appezzato stated that the fact City staff bent over backwards to accommodate a citizen is a compliment to staff. On the call for the question, the motion carried by unanimous voice vote - 4. Regular Meeting Alameda City Council October 1, 1996 6 (96-550) Resolution No. 12826 "Approving Revised Part-Time Classifications Salary Schedule Commencing October 13, 1996." Councilmember Lucas •moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (96-551) Neil Patrick Sweeney, Alameda, stated that living trusts should be considered for the Senior Center, Golf Complex and Schools. (96-552) John Fee, Alameda, discussed the matter of illicit drugs. (96-553) Greg Alves, Alameda, stated that a process similar to the. National Partners in Home Ownership Program should be initiated in Alameda. President Appezzato requested staff to look into the matter. In response to Councilmember Lucas, Mr. Alves stated that the City and County of Los Angeles and the City of Oakland have established similar programs. (96-554) Don Roberts, Alameda, stated that members of boards and commissions should resign if they do not want to make recommendations to their appointing bodies, and Council should look at the current Planning Board in particular. 7. COUNCIL COMMUNICATIONS (Communications from Council) (96-555) Consideration of Mayor's nominations for appointment to the Economic Development Commission: One Community-At-Large Member and a Member with Manufacturing/Industrial/Marine related expertise. President Appezzato stated that this item would be held over until the October 15 Regular Council Meeting. Regular Meeting Alameda City Council October 1, 1996 7 ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the Council Meeting at 9:00 p.m. Respectfully submitted, DIANE 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 October 1, 1996 8