1989-04-04 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
HELD TUESDAY - - - - - - - - - - - - - - APRIL 4, 1989
89 -224 The meeting convened at 7:40 p.m. (at the conclusion of the
Closed Session to consider the following litigation matters,
pursuant to Government Code Section 54956.9 (a):
(a) Cheonis v. City of Alameda, et al.
(b) Hallem v. City of Alameda, et al.
(c) Lucas v. City of Alameda, et al.
(d) Leek v. City of Alameda, et al.;
and, pursuant to Government Code Section 54957.6:
(e) 1082 Pension Improvement Committee Recognition.
and the Housing Authority Board of Commissioners meeting) with
President Corica presiding. The Pledge of Allegiance was led by
Councilmember Monsef, and Reverend Dorothy Kimbrell gave the
invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Monsef,
Thomas, and President Corica - 5.
Absent: None.
SPECIAL ORDERS OF THE DAY
89 -225 Proclamation designating April as Fair Housing Month.
President Corica read the proclamation and presented it to Lee
Conroy, former President, NAACP, who accepted the proclamation and
expressed appreciation on behalf of Operation Sentinel, East Bay.
MINUTES
Councilmember Monsef made a motion to approve the minutes of the
Adjourned Regular Council Meeting of March 14, 1989. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
CONSENT CALENDAR
Councilmember Thomas requested removal of Item 1 -D, report
regarding Waiver of Payment in Lieu of Taxes (PILOT) (See 89 -263)
to the regular agenda; Councilman Arnerich requested r oval of
Item 1 -E, resolution concerning fencing of train gine at
Washington Park (See 89 -264) to the regular agenda.
Councilmember Thomas stated she would vote No on Item 1 -F,
resolution concerning Harbor Bay Business Park Assessment District
84 -4, Phase II (See 89 -229) and would abstain on Item 1 -G,
resolution confirming appointment of Interim City Attorney (See
89 -230)
April 4, 1989
Councilmember Monsef made a motion to approve the Consent Calendar
with the exceptions noted. By consensus, Council approved.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*89 -226 From the Acting Public Works Director recommending
acceptance of the work by Environmental Resources, Incorporated for
Doolittle Landfill Gas Management System, P.W. No. 11- 87 -24.
Approved.
*89 -227 From the Acting Public Works Director recommending
acceptance of the work by Bob Maloy & Associates - Library Products
for Supply and Installation of Bookshelving for Carnegie Library
Building, P.W. No. 05 -88 -9. Approved.
*89 -228 From the Acting Public Works Director recommending
acceptance of the work by Tel Plus Communications, Inc. for a
Municipal Telecommunications System. Approved.
RESOLUTIONS
*89 -229 Resolution No. 11687 "Authorizing execution of an
amendment to the Agreement with Harbor Bay Isle Associates for
Contract Administration and Coordination for Harbor Bay Business
Park Assessment District 84 -4, Phase II." Adopted.
*89 -230 Resolution No. 11688 "Confirming appointment of Bruce
Quan, Jr. as Interim City Attorney of the City of Alameda."
Adopted.
FINAL PASSAGE OF ORDINANCES
*89 -231 Ordinance No. 2423 N.S. "Amending the Alameda Municipal
Code Title X, Chapter 2. Electrical Code, Article 3 (in part) by
substituting the following sections in their entirety: Section
10 -2318, Schedule of Fees, Section 10 -235, Special Annual Permit,
Section 10 -237, Application for Special Owner's Permit, Section
10 -239, Special Furnace Dealer's Permit, Section 10- 239.1, Special
Equipment Installer's Permit and Section 10 -2319, Payment of Fees."
Adopted.
*89 -232 Ordinance No. 2424, N.S. "Authorizing acquisition of
Linoaks Motel Property for use as the site for the Main Library."
Adopted.
BILLS
*89 -233 A List of Claims, certified by the City Manager as correct
was approved in the sum of $2,192,490.48.
April 4, 1989
i�
WRITTEN COMMUNICATIONS
89 -234 From Stephen K. Brimhall, Executive Vice President, Harbor
Bay Isle Associates, requesting that the various agenda items
relating to the Harbor Bay Isle Project and the Settlement
Agreement be considered together in a single hearing. (Hearings,
Item Nos. 5, (89 -242) 6, (89 -244) and 7 (89 -246); Appeal, Item
No. 8 (89 -239); Report and Recommendation, Item No. 9 (89 -248) ;
Resolutions, Nos. 15, (89 -245) 16, (89 -252) and 17 (89 -253);
Ordinances, Item Nos. 24, (89 -243) 25 (89 -247), and 26 (89 -258).
John Scott Graham, 17 Tregloan Court, requested Council not vote on
the noted agenda items as one item.
Lee Harris, 126 Cumberland Way, thanked Council for modifying what
would have been a dense development in Harbor Bay Isle; and
requested Council's expeditious completion of the issues.
Rosalie McPherson, 1128 Marianas Lane, requested Council not
combine the agenda items.
Councilmember Monsef stated the items are outlined in the agenda,
he prefers Council follow the agenda outline and so moved.
Councilman Arnerich seconded the motion and it was carried by
unanimous voice vote - 5.
HEARINGS
89 -235 Consideration of adjustment of Fire Department ambulance
charges.
President Corica noted the charges are below- average in the County
and this will bring the charges up closer to average.
The Fire Chief explained the issues, noting the charges requested
will still be approximately 10 to 12 percent below what other
agencies are charging.
The public portion of the hearing was opened.
On the call for proponents, there were none.
On the call for opponents, there were none.
The public portion of the hearing was closed.
Councilmember Camicia moved to take the related resolution out of
order. Councilmember Monsef seconded the motion and it was carried
by unanimous voice vote - 5.
April 4, 1989
89 -236 Resolution No. 11689. "Establishing Fire Department
emergency ambulance transport fees." Adopted.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
89 -237 Consideration of amending the Alameda Municipal Code by
Adding Chapter 4 to Title XIII Thereof Establishing the Alameda
Business Improvement Area.
Tom Byrne, Alameda Main Street Project, 1516 Oak Street, explained
the background of the matter.
The public portion of the hearing was opened.
On the call for proponents, the following persons spoke.
Jeff Eichenfield, Alameda Main Street Project.
Bernard Rauney, Willow Skate and Surf.
Bruce Conrad, President, Western Alameda Business Association.
Robert Dixon, 1540 Linden
Chet Rosenblum, Alameda
Diane Coler -Dark, 2487 Jackson Street, Park Street Business
Association.
Felix Seidler, Alameda
Frank Lopez, Silver Sword Jewelers, 1411 Park Street.
Al Wright, Service Merchant, Park Street
Larry Wolfel, Design Studio and Bearphoria & Wizardry.
Sylvia Perry,Property Manager, Marina Village; Manager, Alameda
Marina Village Shopping Center; Member, BIA Steering Committee;
Secretary, West Alameda Business Association, and President,
Alameda Business Association.
On the call for opponents, the following persons spoke.
Steve Maricowski, Alameda Motorcycles
Martha Beazley, Alameda
Betty Bento, 1542 Park Street
John Theodosie, Alameda
Joe Bento 1542 Park Street
Gerhard Degeman, 19 Sandpiper Place, " for and against."
The public portion of the hearing was closed.
Councilmember Camicia moved the related ordinance be taken out of
order; stated essentially the Business Improvement Area (BIA) is a
marketing cooperative, which he believes should not be discouraged.
President Corica noted some persons do not want to join and he
questions why people should be forced to join if they do not want
to.
April 4, 1989
Councilmember Camicia commented the BIA would benefit all the
businesses.
Councilmember Monsef stated he has always been supportiVe of the
business district; a number of people spoke in favor, and a number
against the BIA; he would like to see Council send a ballot to the
people and urged Council to support what the people decide; he
supports it but would like to hear from more people.
Councilmember Thomas stated she did not believe the City can afford
to commit to proposed ongoing costs of approximately $12,500
annually, and discussed funding of Christmas lights; would like
more detail on the administration of the project; and discussed
the benefits to the "B" areas and the "A" areas.
Councilman Arnerich stated he would like a survey of two, three or
four questions; would like this held over for more information;
and moved to delay the vote on the BIA, to canvass the merchants
involved and the areas involved, and propose a list of questions to
see if the businesses are for or against the BIA.
President Corica inquired, if Council does postpone, would staff be
instructed to send a ballot, to which Councilman Arnerich replied
the survey should be sent out by the Community Development Director
and her department to allow the people to have input on where their
money should go and how they want to spend the monies.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
Councilmember Camicia made a motion to take Item No. 27 (89 -238)
out of order. Councilmember Monsef seconded the motion, which was
carried by unanimous voice vote - 5.
89 -238 Ordinance No. 2428, N.S. "Amending the Alameda Municipal
Code by amending various sections of Chapter 1, Title XI, thereof,
relating to regulations for yards for substandard lots and for
permitted encroachments in required yards." (Continued from March
14, 1989, and March 21, 1989, Council Meetings)
President Corica suggested consideration to make this ordinance an
urgency ordinance as this matter has been delayed.
Councilmember Camicia so moved.
Councilmember Thomas inquired if that is on valid grounds.
The Interim City Attorney commented it is valid.
Councilmember Monsef seconded the motion which was carried by
unanimous voice vote - 5.
April 4, 1989
Councilmember Thomas stated she voted no on this matter previously
as it is; believes it is absurd to require that driveways be ten
feet wide if there are two or three car garages; discussed chain
link fences, noting the safety benefit of chain link fences
surrounding pools, etc., and discussed requirements for decks.
By consensus of Council, the vote was taken, as follows: Ayes:
Councilmembers Arnerich, Camicia, Monsef, and President Corica - 4.
Noes: Councilmember Thomas - 1. Absent: None.
* * * * * * * *
President Corica commented on the negotiations for the settlement
agreement regarding Harbor Bay Isle; and noted a 12:00 a.m.
deadline [to make decisions upon certain agenda items] to comply
with the agreement.
Councilmember Thomas suggested the Appeal be heard before the
hearings because the results of the Appeal may affect certain
considerations during the hearings.
Councilmember Camicia so moved. Councilmember Thomas seconded the
motion and it was carried by unanimous voice vote - 5.
APPEALS
89 -239 Appeal of Planning Board's conditions of approval of Planned
Development Amendment PDA -89 -1 for Village 5 of Harbor Bay Isle.
(Co- applicants: Harbor Bay Village Five Associates and Harbor Bay
Isle Associates)
Written Communication:
* From Clayton Guyton, Alameda, suggesting that Council
request Harbor Bay Isle to provide at least 20% of Village
V to be set aside for affordable housing.
President Corica requested an opinion regarding the written
communication, because the writer is a participant in a lawsuit
regarding Measure A.
The Interim City Attorney responded it would not be appropriate to
respond to the written communication as Mr. Guyton is actively
suing the City, and any communication to the City on the subject
should have been directed through Mr. Guyton's attorney.
In response to Councilmember Thomas's remark that she did not see
how this concerns Mr. Guyton's lawsuit, the Interim City Attorney
stated that, at the hearing at which Mr. Guyton's attorney
appeared before Judge Michael Ballachey, the Order, which was
prepared by Mr. Guyton's Counsel, clearly exempted Village V from
the Order of the Court and that language is included in the
Development Agreement; if Mr. Guyton was to have made a request
for consideration that certain units be reserved on Village V, the
time to have made the request would have been at that Court hearing
April 4, 1989
on March 3rd.
[The Interim City Attorney then searched his documents for the
quotation regarding the matter.]
* * * * * * * * * * * *
Councilmember Camicia suggested the next item on agenda (89 -240) be
considered while the Interim City Attorney locates the language in
the Agreement, and moved accordingly. Councilmember Monsef
seconded the motion and it was carried by unanimous voice vote - 5.
89 -240 From Personnel Director regarding I.R.S. Section 89,
Benefit Plan Requirements.
The City Manager commented that Section 89, I.R.S. Code, enacted
in 1986 Tax Reform Act, requires cities to determine if benefits to
employees are equal and if not, benefits are taxed for those
employees receiving higher amounts; the City is in process of
complying; and an audit firm is working to provide the information
to the I.R.S.
Councilmember Camicia made a motion to accept the report.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
Councilmember Camicia made a motion to take Item No. 13,
resolution regarding volunteers, (89 -241), out of order.
Councilmember Thomas seconded the motion and it was carried by
unanimous voice vote - 5.
89 -241 Resolution No. 11690. "Resolution of appreciation to
volunteers for the City of Alameda." Adopted.
By consensus, the Council unanimously approved the resolution by
voice vote - 5.
* * * * * * * * * * * *
RETURN TO APPEAL, (89 -239)
The Interim City Attorney read a quotation by the Court; stated
Mr. Guyton's attorney had the opportunity at that time to request
specific language be put in as set forth in Mr. Guyton's letter,
and believes Mr. Guyton should talk with his attorney; stated the
Council could receive the letter from Mr. Guyton but cautioned
against a response from Council because the matter is in litigation
and a decision has been rendered by the Court where Mr. Guyton was
fully represented.
Mr. Guyton read his written communication regarding Affordable
Housing on Harbor Bay Isle.
The Planning Director explained the background of the matter.
April 4, 1989
Council discussed the restrictions and allowances in the settlement
agreement concerning review of conditions; the Planning Director
and Linda Pritchard, Planning Board Member, also participated.
Councilmember Thomas stated the Planned Development Amendment
covers items that were not in the settlement agreement, and it was
proper to review those items.
Stephen Brimhall, Executive Vice - President, Harbor Bay Isle
Associates, stated tonight is the culmination of a two -year effort,
the result of many meetings with the public and Council; staff and
Planning Board have worked very hard; hundreds of items were
resolved and only six issues remain for discussion at this time.
Councilmember Camicia suggested a shuttle bus as a possible
mitigation [Condition No. 9, Planning Board Resolution No. 1939];
and perhaps, to anyone working in the Business Park, one bicycle
could be provided as an incentive to ride a bicycle to work.
President Corica commented the idea of the shuttle is good; the
Traffic Systems Management Advisory Committee (TMS) has been
discussing that idea; regarding bicycles, he is flexible; he
would like a three year period to observe what the ferry service
can become; also any rezoning of the parking lot should be to R -1.
Madlyn Murphy, 2618 Janis Circle , questioned if any affordable
housing has been provided, and how many units have been built, at
Harbor Bay Isle.
Douglas Donaldson, 116 Gainesborough Court, stated he respects
developer for the vision and ability to construct a desirable
community, however, requests denial of Appeal.
Fred Scullin, 1120 Chestnut Street, commented on the brief time for
staff review between receipt of Appeal and Council Meeting.
John Millbrain, Casitas Homeowners Association, stated the bicycle
and pedestrian access between Casitas and Village V should be in
the emergency access area, or the adjacent landscape barrier; and
Catalina Avenue should be provided street lighting.
Diane Barry, Board of Directors, Casitas Homeowners Association,
stated compromise can be reached on the issue of access; and Doric
has agreed to construction of a fence.
David Stoldt, Casitas, stated 80% of residents he surveyed were
in favor of open walk - throughs, not fences.
John Scott Graham, 17 Tregloan Court, addressed the matter of
shuttles.
Dr. Howard Vancheski, Member, Casitas Homeowners Board of
Directors, stated he supports Mr. Millbrain's statements but is
for one pass - through; and believes the matter can be worked out.
April 4, 1989
Peg Roberts, 3120 La Campagna, stated a fence is needed for
protection during the construction; and would like some recourse
if damage occurs.
Bruce Young, Member, Alameda Alliance of Homeowners, addressed the
lagoon pathway, and urged Harbor Bay to meet conditions and the
City to deny the appeal.
George Skezas, 23 Barnigutt Bay, President, Board of Directors,
Community of Harbor Bay Isle, addressed issue of three -car garage,
ferry; supports a 5 -foot path and can work with developer to
maintain it; other mitigation might be more useful than bicycles.
Lee Harris, 126 Cumberland Way, stated he believes bicycles are not
a significant item; homeowners would appreciate a pathway; 3 -car
garages are used primarily for storage, and extra garage space
would not affect transit; ferry boat is good idea, but the City
should not expect developer commitment after a project is finished.
Herb Shelmadine, 835 Laurel Street, stated he believes in a ferry
system, it would serve the citizens well, and hopes developer will
stand behind that.
The public portion of the hearing was closed.
Councilmember Monsef requested President Corica restate his
position on ferry system.
President Corica stated he would like to increase the ferry
timeframe from twelve months to three years.
Councilmember Camicia stated if that change is made, in the
sentence regarding alternative methods if the ferry is not viable,
he would like to insert an additional shuttle bus; and also insert
zoning hack to R -1 whi`h was concern.
The City Manager noted that, on the Vesting Tentative Map, there is
a recital that the Applicant has committed to record on the
property proposed for a zoned district change, a restrictive use
covenant limiting the proposed use to ferry terminal parking and
pledging to apply for rezoning to R -1 -PD upon abandonment or
termination of the ferry terminal project.
Considerable discussion followed concerning placement of the ferry
parking lot, possible Zoning Ordinance changes, possible penalties,
the possibility of adding a shuttle bus if the ferry service is not
viable, and an offer by Mr. Brimhall of $50,000 to the TSM program
for a BART shuttle.
Councilmember Camicia made a motion to modify Condition No. 9;
change the 30 months to 36 months, strike the second sentence and
add "in addition, HBI shall fund and operate an additional
shuttle," and the third sentence should be language regarding R -1
zoning.
April 4, 1989
Mr. Brimhall stated operation of the shuttle will need to be done
by the Business Park Association or the community; perhaps putting
some money in to get a fourth van would be proper, but operating in
perpetuity would not be acceptable.
Further discussion was held regarding perpetuity.
Councilmember Thomas stated it appears unnecessary to add another
sentence; BART and AC Transit should bear some of the burden;
providing a ferry service for 36 months is sufficient.
Councilmember Camicia rephrased his motion to state that the 12
months mentioned in the Condition would remain, and the 30 months
should become 36 months.
Following discussion among Councilmembers, Councilmember Camicia
added: that the second sentence of the condition, regarding
alternative methods, would be stricken from the Condition.
Councilmember Thomas seconded the motion, which was carried by
unanimous voice vote - 5.
Councilmember Thomas stated she believes Condition No. 13 which
states the ferry terminal parking site shall be rezoned to C -M -PD,
needs to be deleted; and requested suitable language to amend the
Zoning Ordinance to allow the parking lot with a conditional use
permit in a residential zone, only for this ferry service.
The Planning Director stated it would appear that the Ordinance
would need to be changed first to allow application for a Use
Permit for ferry terminal parking in the R -1 district, therefore
the Condition should read, "Applicant shall apply for a Use Permit
for Ferry Terminal Parking at such time as that opportunity becomes
available in the City of Alameda."
Councilmember Thomas stated it should be within the next twelve
months.
The Planning Director commented the application could not be made
until Council amends the Ordinance.
Councilmember Thomas moved the statement be substituted for
Condition 13. Councilmember Monsef seconded the motion and it was
carried by unanimous voice vote - 5.
Councilmember Camicia commented that Condition 25 could be changed
to reflect that "one bicycle shall be made available to owners of
each house purchased in HBI Village 5 who become an employee of the
Harbor Bay Business Park."
Councilman Arnerich commented the condition that two bicycles being
given to 627 homes bothered him; he would like to see the money
utilized for a TSM program to get persons to and from AC Transit
and BART stations which would alleviate the traffic.
Councilmember Camicia then suggested $50,000 [offered by Mr.
April 4, 1989
1
Brimhall] be placed into the TSM fund or a shuttle, as a second
sentence to the condition.
Councilman Arnerich agreed.
Councilmember Thomas stated if a person buys a $400,000 home, the
owner has a bicycle and a job or can afford a bicycle.
Mr. Brimhall confirmed he would commit $50,000 to the City's TSM
program earmarked for the establishment of an expanded shuttle
service into the residential area at Bay Farm Island, but the
ongoing operation would need to be supported by the residents or
the City.
Councilmember Monsef stated the Condition should reflect that there
is no bicycle requirement but $50,000 toward an additional shuttle
bus.
Councilman Arnerich agreed.
Councilmember Camicia so moved. Councilmember Monsef seconded the
motion.
President Corica clarified the amount would be $50,000, and
Councilmember Camicia added it would be placed in the TSM fund.
The motion was carried by unanimous voice vote - 5.
Councilmember Thomas stated Condition No. 31 should be considered
in context with Condition No. 40 regarding a pathway; believes it
important for users of the area to have a complete pathway around
the lagoon rather than lagoon -side open space suggested; should
give back three lots, retain lot 51, and obtain a complete pathway.
Councilman Arnerich reviewed and clarified the location and size of
the lots, and the size of the pathway.
Councilman Arnerich and President Corica both confirmed they would
be comfortable with that.
Councilmember Camicia moved that Condition 31 would retain only lot
51 and its identifying Map number. Councilmember Monsef seconded
the motion which was carried by unanimous voice vote - 5.
Councilmember Thomas confirmed that Condition 40 would be retained,
to obtain the walkway.
Council by consensus, agreed.
Councilmember Camicia suggested granting the Appeal with respect to
Condition No. 34 [regarding 0.4 on- street parking space rather
than 0.5, in Neighborhood "C ".]. Councilmember Monsef agreed.
Councilman Arnerich commented the Plan would need to be redone, not
much would be gained, and believes the change can be accepted.
April 4, 1989
Councilmember Camicia moved the Appeal on Condition 34.
Councilmember Monsef seconded the motion, which was carried by
unanimous voice vote - 5.
Councilmember Camicia stated, regarding Condition No. 37
concerning third car garages, that he believes the Appeal should be
granted; Councilman Arnerich and President Corica expressed
agreement.
Councilmember Monsef made a motion to grant the Appeal on this
Condition. Councilmember Camicia seconded and the motion was
carried by unanimous voice vote - 5.
President Corica read Condition 40 regarding the lagoon.
Councilmember Thomas stated the Condition should be left as it is.
Councilmember Camicia moved to deny the Appeal on Condition 40.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
Councilmember Thomas stated, regarding Condition 79 concerning the
ferry terminal, it could be stated, "Applicant shall not annex the
ferry terminal parking lot as long as it is being used as a parking
'lot."
Mr. Brimhall agreed.
Councilmember Thomas stated there could be added: "If the parking
lot use terminates, and it reverts to residential use, then it can
be annexed to the community of HBI Homeowners Association."
Councilmember Camicia seconded the motion and it was carried by
unanimous voice vote - 5.
Councilmember Thomas stated she would like to know whether or not
the developer can make an effort to provide for low and moderate
income groups; and she would like to hear comments from the
developer.
Mr. Brimhall responded that, at Village V, there was a development
with higher density and would have provided much more low and
moderate income housing; however this community chose, for good
reason, not to have that, and requested a deletion of 200 homes,
provision of schools, parks, etc. as a benefit to the community;
if that [affordable housing] was going to be a condition, it should
have been addressed in the Settlement Agreement, not at the end of
the process.
Councilmember Thomas requested comments from Councilmember Camicia,
and stated this is going to promote racial segregation, will fail
to comply with housing needs, increase competition for retail
activities in downtown Alameda, and harm the older residential
areas adjacent to Fernside and Encinal.
April 4, 1989
Councilmember Camicia remarked that part of the problem is that
this is the end of the process; many things can be done regarding
low cost housing; he is not sure it can be done in the midst of a
legal question; he has previously talked about making low cost
housing more productive, finding a way to work with the people in
low -cost housing, to get them out in the market rate housing;
perhaps HBI could provide instruction or services to help people
gain skills they need; and perhaps the person they have who works
to help low- income persons, can help with all Alameda residents in
low cost housing.
President
Councilman
taken and
pursued.
Corica commented that could be one way to proceed.
Arnerich stated the concerns of Mr. Guyton are well
Council should look at all the avenues that can be
Councilmember Thomas suggested Harbor Bay make a stronger attempt
to recruit from minorities.
Mr. Brimhall stated the Business Park Association sponsors a
full -time staff person, Ms. Berry, who is a minority, to try and
work on finding jobs; it is a very well- received program that a
federal government agency has asked to review; he does not have
any problem with providing staff to work with the City on this
matter.
A discussion followed during which President Corica suggested job
descriptions could be sent out to Alamedans before being sent
elsewhere, that Alameda should come first in terms of job offers,
and Mr. Brimhall should emphasize that Council feels strongly
about trying to employ Alamedans first; and Councilmember Thomas
suggested advertising in the Alameda newspapers first.
Mr. Brimhall stated the service offered is screening and referral,
he does not control the employers in the Business Park, but he has
no problem conveying Council's message and suggestions.
Councilmah Arnerich clarified that Mr. Brimhall's statement is,
essentially, that he supports Council's position to do as much as
possible for the people and the citizens of Alameda, especially in
the area of low and moderate income, and residents would have ample
resource in which to approach those job markets.
Councilmember Thomas stated she believes Mr. Brimhall has
committed to buying a quint.
Mr. Brimhall responded that is correct and it is in the Vesting
Tentative Map.
President Corica closed the Appeal.
89 -242 Consideration of proposed Negative Declaration, IS -89 -1, and
Rezoning R -89 -1, for the rezoning of a 1.7 acre parcel from R -1 -PD,
One Family Residential Planned Development District to C -M -PD,
April 4, 1989
1
Commercial Manufacturing Planned Development District to allow
construction of a parking lot for a ferry terminal. Applicant:
Harbor Bay Village Five Associates.
President Corica explained the procedure of the hearing.
The Planning Director gave the background of the matter.
The public portion of the hearing was opened.
On the call for proponents, the following persons spoke:
George Skezas, President, Board of Directors, Harbor Bay Homeowners
Association.
On the call for opponents, the following spoke:
Arthur Feinstein, Conservation Chair of
Golden Gate Audubon Society.
Fred Scullin, 1120 Chestnut Street.
Rosalie McPherson, 1128 Marianas Lane.
Bruce Young, 328 Capetown.
Leora Feeny, 1330 Eighth Street.
The Interim City Attorney noted the 12:00 a.m. deadline was
imposed by the Judge that if the conditions of the settlement
agreement were not resolved by midnight, either side could go to
the Judge and reopen the litigation; and would like to ask legal
counsel for the developer to stipulate to extending the deadline to
12:30 a.m.
Jack Dickson, 1134 Ballena Blvd., stated Harbor Bay is willing to
extend the deadline past 12:30 a.m.
Councilmember Thomas stated she cannot support this document; she
would like to see the ferry service initiated but she would like it
to be along the estuary.
Councilmember Camicia moved adoption of the Negative Declaration.
By consensus the related ordinance was taken out of order.
89 -243 Ordinance No. , N.S. "Reclassifying and rezoning
certain properties within the City of Alameda by amending Zoning
Ordinance No. 1277, New Series; Applicant: Harbor Bay Isle
Village Five Associates, R -89 -1, the property located at the
southeast corner of Village V, adjoining Shoreline Park easterly of
Mecartney Road extension." Removed from agenda.
Councilmember Camicia moved to remove the ordinance from the
agenda. Councilmember Monsef seconded the motion and it was
carried by unanimous voice vote - 5.
Councilmember Camicia moved adoption of the Negative Declaration.
Councilmember Monsef seconded the motion and it was carried by the
April 4, 1989
following voice vote: Ayes: Councilmembers Camicia, Monsef, and
President Corica - 3. Noes: Councilmember Thomas - 1. Absent
[temporarily from the dais] Councilmember Arnerich - 1.
89 -244 Consideration of Vesting Tentative Map Tract 5905 to
subdivide a 120 -acre area into 631 single family residential lots
and 18 common area lots in an R -1 -PD, One Family Residence - Planned
Development District, including a lot for ferry terminal parking in
the proposed C -M -PD Commercial Manufacturing District zone, for
Village Five of Harbor Bay Isle. Applicant: Harbor Bay Village
Five Associates.
President Corica announced the procedure of the hearing.
The Planning Director explained the background of the matter.
Stephen Brimhall, representing the Applicant, stated Applicant
concurs with everything except Condition 19(L) of Planning Board
Resolution 1943 regarding language concerning the traffic control
point at Bay Edge Road; the Planning Board approved Bay Farm
Island residents, emergency vehicles and public transit service to
use the control point; he would like Council to consider adding
two additional uses, first, the Business Park and the Community
Security Patrols, and secondly, the developer during the
construction period; also, the card should be the same for the
access to Homeowners Gate and the access to the ferry service
terminal at the end of Mecartney.
On the call for proponents, the following person spoke.
David Stoldt, 1163 Camino del Valle.
On the call for opponents, the following persons spoke.
Rosalie McPherson, 1128 Marianas Road.
Fred Scullin, 1120 Chestnut Street.
President Corica stated he is interested in the idea of having the
checkpoint deeded to the City; the City must monitor unless
Council limits the gate to emergency vehicles; perhaps people
could have a walk- through; could possibly make the key available
to Police and Fire Departments.
Mr. Brimhall stated the Homeowners' Gate would mitigate
residential traffic at the intersection of Island Drive and
Doolittle, and at Island Drive and Bridgeway.
Councilmember Monsef stated he has concerns about the flow of
traffic through the gate.
President Corica stated the number of vehicles using it should be
cut.
Councilmember Camicia made a motion to approve the Tentative Map
and, regarding the emergency gate, the Bay Farm Island residents,
April 4, 1989
emergency vehicles, Business Park Community, security patrols,
developer during construction, and public transit would use it;
and regarding the walk - throughs, the City and developer should meet
and determine how many walk - throughs will be appropriate.
Councilman Arnerich agreed it would be a good idea to determine the
number of walk - throughs in the manner suggested; and further
discussed the emergency gate with Mr. Brimhall.
The Planning Director noted Condition #24 should show only lot 116
as open space to relate that to Council's action on the PDA
[PDA- 89 -1].
Councilmember Thomas stated she would like the timeline on the
provision of the quint on Condition #14; and she believes as soon
as the fire station is constructed, the quint should be purchased.
Councilmember Camicia stated he would accept that.
Councilman Arnerich agreed that Councilmember Thomas's suggestion
is an appropriate condition.
Councilmember Thomas stated she has a problem with the road, and
believes it should be limited to emergency access only.
President Corica stated he believes the best way is to go with
emergency vehicles only.
Councilman Arnerich suggested a six -month trial.
Councilmember Camicia agreed because in a few years, residents may
want a more direct route through the gate.
Councilmember Thomas suggested the time to review should be on
completion of the Business Park.
Councilmember Camicia stated the community service patrol ought to
be able to go back and forth.
Mr. Brimhall inquired regarding the BART shuttle.
President Corica stated he had no problem with shuttle access;
Councilmembers Camicia and Monsef concurred.
Councilmember Thomas stated she had a problem with it, and moved to
amend Condition 19L to emergency access only. Councilmember Monsef
seconded the motion and it was carried by unanimous voice vote - 5.
Mr. Brimhall requested clarification if the access to the ferry
service parking lot at the end of Mecartney is limited to emergency
vehicles only; and inquired if that could include Bay Farm Island
residents and BART shuttles.
Councilmember Camicia made a motion to incorporate those two items.
April 4, 1989
** The Interim City Attorney stated the Counsel for the developer
has stipulated to 1:00 a.m.
Following brief discussion, President Corica clarified that the
Mecartney Road access is available to shuttles, AC Transit,
emergency vehicles and Bay Farm Island residents.
Councilmember Camicia so moved and Councilmember Thomas seconded
the motion which was carried by unanimous voice vote - 5.
Councilmember Thomas suggested the related item be taken out of
order. By consensus of Council the related resolution was taken
out of order.
89 -245 Resolution No. 11691. "Approving Vesting Tentative Map
Tract 5905 located in Village V of Harbor Bay Isle, finding said
Vesting Tentative Map consistent with the City's General Plan, and
determining that discharge of water into the sewer system will not
violate regional water quality control regulations (Harbor Bay
Village Five Associates, Subdivider)." Adopted.
Councilmember Thomas moved that the Resolution be adopted with the
changes made under the hearing. Councilmember Monsef seconded the
motion which was carried by unanimous voice vote - 5.
89 -246 Consideration of Development Agreement, DA -89 -1, for
Villages Four and Five of Harbor Bay Isle and the Harbor Bay
Business Park. Applicant: Harbor Bay Isle Village Five
Associates.
The Planning Director explained the background of the matter,
noting the Planning Board has reviewed the Development Agreement
draft and has determined it would be appropriate for Council to
enter into a Development Agreement with the Developer.
The public portion of the hearing was opened.
On the call for proponents, the following persons spoke.
Stephen Brimhall, stated his only comment is that the Planning
Board Resolution No. 1941, Page 3, recites 627 homes, which should
be changed to 630 due to Council's previous action.
Council noted the change.
Rosalie McPherson, 1128 Marianas Lane, discussed a number of items
related to the Development Agreement, such as 1) height
requirements of buildings in Villages IV and V; 2) traffic
improvement projects, 3) costs of projects and financial burdens,
and 4) use of Measure B funds.
On the call for opponents, the following persons spoke:
Bruce Young, 328 Capetown Drive
April 4, 1989
1
Peg Robe
Fred Scu
s, 3120 LaCampagna
in, 1120 Chestnut Street.
Jack Dickson stated there are concerns regarding the findings; he
would like the additional language which is in the Alameda
Municipal Code Section so that the finding is in fact consistent
with the Municipal Code; it would only require the insertion of
the words: "and other regulations prescribed for the use of land
as suggested in the Municipal Code."
The Interim City Attorney stated he is comfortable with the
original language.
President Corica suggested Council go ahead with original wording.
Councilmember Thomas stated she will be voting "no" because of the
lack of a General Plan.
** The Interim City Attorney stated there is a Stipulation [by the
developer's Counsel] to an extension to 1:30 a.m.
Councilmember Camicia moved to take the related ordinance out of
order. Councilmember Thomas seconded the motion and it was carried
by unanimous voice vote - 5.
89 -247 Ordinance No. 2426, N.S. "Approving and authorizing
execution of a Development Agreement with Harbor Bay Isle
Associates, Harbor Bay Village Four Associates, and Harbor Bay
Village Five Associates and making certain findings with respect
thereof. Introduced and Adopted.
Following the reading of the title of the Ordinance, Mayor Corica
asked who was in favor, to which the following Councilmembers
voiced Ayes: Councilmembers Arnerich, Camica and Monsef - 3.
Nayes were voiced by Councilmember Thomas and President Corica - 2.
The City Clerk noted that adoption of the Ordinance had failed
[due to the necessity for a four - fifths vote].
Councilmember Thomas stated that this would pass as a regular
ordinance.
Councilmember Monsef stated he does not support taking part of the
related ordinances as "urgency" and the remainder as "regular"
ordinances.
The Interim City Attorney noted that the Judge had given a deadline
of April 4 to resolve all the issues of the Settlement Agreement.
Councilmember Camicia noted the reason for the urgency, and
requested Council to consider a motion to rescind the previous
action; take the word "urgency" off [the ordinance] and vote again
[on introduction of ordinance]. President Corica and Councilman
Arnerich agreed. Councilmember Camicia so moved and the motion
carried by unanimous voice vote - 5.
April 4, 1989
1
Councilmember Camicia made a motion to introduce the ordinance;
Councilmember Monsef reiterated his position on the matter.
Councilman Arnerich seconded the motion and it was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia, and
President Corica - 3. Noes: Councilmembers Monsef and Thomas - 2
Absent - None.
Councilmember Camicia suggested extension of the meeting to the
time immediately following the Work Session on April 5, 1989.
The Interim City Attorney inquired if the developer's Counsel could
work out something to extend the meeting.
The Counsel for developer stated what was being asked was to extend
the Settlement deadline to two weeks plus thirty days, as that is
when the ordinance would take effect.
President Corica stated there must be some way to discuss the
matter and resolve it tonight, rather than stalling it; the Judge
may become angry, and it may become necessary to start all over
again, just for one vote and believes there is too much to lose.
Councilmember Camicia inquired if the "urgency" was put back on,
would Council vote for it.
President Corica stated he would like to see a unanimous vote.
Councilmember Camicia made a motion to rescind the previous action,
the introduction of the ordinance. Councilman Arnerich seconded
the motion and it was carried by unanimous voice vote - 5.
Councilmember Camicia made a motion to introduce and adopt the
ordinance as an urgency ordinance; the motion was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia,
Monsef and President Corica - 4. Noes: Councilmember Thomas - 1.
Absent: None.
REPORTS AND RECOMMENDATIONS
89 -248 From City Manager on status of compliance of conditions of
approval for Planned Development of Tract 3810.
* Written Communication
From Daniel Reidy, Attorney for Harbor Bay Isle Associates,
regarding Harbor Bay Isle Development Agreement:
compliance with certain conditions of Tract 3810.
Following brief discussion on the bond or cash to be deposited,
Councilmember Camicia moved the recommendation. Councilmember
Monsef seconded the motion which was carried by unanimous voice
vote - 5.
April 4, 1989
The City Manager noted that he requested Items No. 10 and 11
(89 -249 and 89 -250) be removed from the agenda.
89 -249 From Interim City Attorney responding to Council's request
for opinion regarding interim ordinance on multiple family unit
development in the 2600 block of Lincoln Avenue.
Removed from the agenda as requested by the City Manager.
89 -250 From Interim City Attorney regarding legal ramifications of
meeting and discussing 1082 Pension Plan issues.
Removed from the agenda as requested by the City Manager.
* * * * * * * *
Councilmember Camicia suggested that only remaining Harbor Bay Isle
items be considered tonight and the remainder be heard following
the Work Session on April 5, 1989.
*89 -251 "From the Executive Director, Housing Authority,
recommending waiver of Payment in Lieu of Taxes (PILOT) for Fiscal
Year 1989 -90."
Held over to the April 5, 1989 Recessed Regular Meeting.
RESOLUTIONS
89 -252 Resolution No. 11692 "Approving Parcel Map No. 5612.
Harbor Bay Isle Park /School Site) and permitting recording
thereof." Adopted.
Written Communication:
From Vice President, Pelican Bay Estates Homeowners
Association, regarding School /Park Site Parcel Map
approval.
Councilmember Thomas moved adoption of the resolution.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
89 -253 Resolution No. 11693. "Authorizing execution of agreement
with Harbor Bay Isle Associates pertaining to the timing, scope and
nature of the conceptual plans for the 7.5 acres of shoreline park
in Tract 4500 and the four -acre park in Village IV." Adopted.
Councilmember Thomas commented regarding the expenditure on a
concrete promenade to be built along the edge of the Bay, stating
it would be expensive.
The City Manager noted this is the portion that goes from Business
Park improvements to the Ferry Terminal, continuing the same design
April 4, 1989
and adds the plantings; and the funding comes from Harbor Bay
Isle, with the exception of $35,000 which comes from the Costa
Brava development.
The location of the promenade was discussed.
Mr. Brimhall stated the plan was approved by the Planning Board in
1975, and has been approved by the BCDC.
Roxanne Clement, Alameda, spoke in favor of the conceptual plans
and requested Council support the planning process so the
neighborhood park will be developed cooperatively and enhance the
community and address the needs.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Monsef seconded the motion and it was carried by
unanimous voice vote - 5.
89 -254 Resolution No. 11694. "Approving the Acquisition and
Construction Agreement and authorizing execution thereof.
Community Facilities District No. 1 (Harbor Bay)." Adopted.
Councilmember Camicia moved adoption of the resolution.
Councilmember Monsef seconded the motion and it was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia,
Monsef, and President Corica - 4. Noes: Councilmember Thomas - 1.
Absent: None.
89 -255 Resolution No. 11695. "Approving Bond Terms and Disclosure
Agreement and authorizing execution thereof. Community Facilities
District No. 1 (Harbor Bay)." Adopted.
Councilmember Camicia made a motion to adopt the resolution.
Councilmember Monsef seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia,
Monsef, and President Corica - 4. Noes: Councilmember Thomas - 1.
Absent: None.
89 -256 Resolution No. 11696. "Ratifying Public Utilities Board
action in approving and authorizing execution of Amendment No. 2
to Project Agreement No. 2 for the California - Oregon Transmission
Project." Adopted.
Councilmember Monsef made a motion to adopt the resolution.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
89 -257 Resolution No. "Authorizing adoption of plan to
provide a permanent fence around the train engine at Washington
Park and appropriating funds from the Dwelling Unit Tax Account for
said Project." Held over to April 5th Recessed Regular Meeting.
By consensus, Council took Item No. 26, the ordinance
tenant improvements, out of order. (89 -258)
April 4,
regarding
1989
89 -258 Ordinance No. 2427, N.S. "Amending Title X, Section
10 -2316 of the Alameda Municipal Code; Section 4 of Ordinance No.
2250, N.S.; and Section 304(e) of the Uniform Building Code
relating to penalties for commencement of work on tenant
improvements prior to issuance of permits." (Urgency)
Councilmember Monsef made a motion for introduction and passage of
the ordinance. Councilmember Camicia seconded the motion which was
carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
89 -259 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Adding Chapter 4 to Title XIII thereof establishing the
Alameda Business Improvement Area." Held over. (See 89 -237)
* * * * * * * * * *
By consensus, Council agreed the rest of the items would be held
over to the Recessed Regular Council Meeting to be held immediately
following the Council Work Session scheduled for Wednesday, April
5, 1989, at 7:30 p.m.
ORAL COMMUNICATIONS, GENERAL
89 -260 Rosalie McPherson, 1128 Marianas Lane, thanked members of
the Council for their efforts regarding Harbor Bay Isle; and
commended Mr. Monsef for his service as a Councilmember.
ADJOURNMENT
89 -261 Council stood in a moment of silent tribute in memory of
Inez Kapellas, at Councilmember Thomas's request.
President Corica recessed the meeting at 1:40 a.m., to Wednesday,
April 5, 1989, immediately following the 7:30 p.m. Work Session.
R;;ectfully sub tted
Agr-
DIAL' B. FELSCH,
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
April 4, 1989