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2000-08-01 Special CIC MinutesMINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY - - AUGUST 1, 2000 - - 7:25 P.M. Chair Appezzato convened the Special Meeting at 7:30 p.m. Commissioner Johnson led the Pledge of Allegiance. ROLL CALL - Present: Absent: MINUTES Commissioners Daysog, DeWitt, Johnson, Kerr and Chair Appezzato - 5. None. (00-36) Minutes of the Special Joint City Council and Community Improvement Commission Meeting, and Special Community Improvement Commission Meeting of July 18, 2000. Approved. Commissioner Daysog moved approval of the Minutes. Commissioner Johnson seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEM (00-37) Resolution No. 00-92, "Approving and Adopting the Report to the City Council of the Proposed Amendment to the Community Improvement Plan for the Business and Waterfront Improvement Project (BWIP), Submitting the Report and Proposed Amendment Thereto to the City Council, and Consenting to and Requesting the City Council to Call a Joint Public Hearing on the Amendment." (Marina Cove Subdivision) Adopted. Chair Appezzato requested Legal Counsel Korade to give a brief presentation. Legal Counsel Korade stated the matter is before both the Community Improvement Commission (CIC) and City Council this evening [Refer to August 1, 2000 Regular City Council Meeting Minutes]; the CIC is acting as the City's redevelopment agency; the Commission is to prepare and present the Report the City Council; said Report amends the BWIP, one of the City's redevelopment areas; although the Amendment is minor, the CIC must follow steps used for adoption of an entire redevelopment plan; both bodies [CIC and Council] will call for a Public Hearing on September 5, 2000. Commissioner Kerr stated a memo was received from Special Counsel David Beatty [McDonough, Holland and Allen, Sacramento]; said memo Special Meeting Community Improvement Commission August 1, 2000 ;64 states the CIC would not be adopting documents referenced in the Report; the resolution states: "the CIC hereby approves and adopts the Report;" the Report contains conclusions from the Negative Declaration; adopting the Resolution would approve and adopt conclusions; Special Counsel Beatty and staff, informed her that the Report does not have to "approved and adopted" in order to move forward; inquired whether the CIC could "prepare and forward" the Report. Legal Counsel Korade responded in the affirmative; stated "approve and adopt" is standard language, however, according to Special Counsel.,Beatty, Section 1 of the resolution could be amended to state: "prepares and presents as complete." Commissioner Kerr stated the revised language would be more clear for the public. Commissioner Daysog requested Legal Counsel to verify whether the action tonight establishes the baseline of information around which future discussions will occur. Chair Appezzato requested Legal Counsel to confirm whether the Commission is deciding to hold a Public Hearing on September 5. Legal Counsel Korade responded Commissioner Daysog was correct; the action presents background information; the BWIP cannot be amended tonight. In response to Chair Appezzato's inquiry, Legal Counsel Korade further stated if both the CIC and City Council adopt resolutions tonight the matter will be set for Public Hearing on September 5. Melissa Ehn, Buena Vista Avenue Neighbors (EVAN), stated the Planning Board voted to deny Kaufman & Broad's Negative Declaration of environmental impacts until the Northern Waterfront Specific Plan is completed; urged the Commission not to adopt anything which includes language from the Negative Declaration until matters are resolved; stated if appropriate, the Report should be forwarded, but not adopted. David Landau, EVAN, stated. the City Council voted to create the Northern Waterfront Specific Plan and EIR (Environmental Impact Report) in April; the Plan is to be formed over the next twelve months with multiple opportunities for public input on shaping 120 acres of Alameda; the Planning Board voted 4 to 1 to reject the Negative Declaration on Kaufman & Broad's Marina Cove project; approval of the Negative Declaration will subvert the planning process by cutting off public input; page 5 of the Report states: Special Meeting Community Improvement Commission August 1, 2000 "the proposed Negative Declaration is incorporated herein and by reference;" urged Council to reject the Negative Declaration. Douglas Holmes, EVAN, stated the Northern Waterfront Specific Plan is the forum for discussions to make a comprehensive plan; tonight's action subverts the process; the matter should not be addressed until the Northern Waterfront Specific Plan is in place. Commissioner Daysog inquired whether Mr. Holmes agrees that a residential development is a much better and higher use [than industrial]; stated even if the project precedes finalization of the Northern Waterfront Plan, it is a better land use decision. Mr. Holmes stated that he supports housing on the specific location and the entire Northern Waterfront; Kaufman & Broad should be held to the highest standard; the City should direct Kaufman & Broad on the type of housing desired, rather than Kaufman & Broad offering its plan. Mayor Appezzato gave a brief history of the Kaufman & Broad project at the Island Drive-In site. Tom Pavletic, Alameda, stated speakers are concerned about how the development relates to the community, not the structures themselves; "approving and adopting the Report" is being construed to mean not adopting and approving a portion of the Report," which is an example of not saying what is meant; Legal Counsel advised language could be revised to remove ambiguities; language should state what is meant; if the Report is not being adopted in its entirety and portions are being transmitted while others are being reviewed, the Resolution should be worded accordingly; the CIC's 1999 Annual Report included the following BWIP goal: "the assembly of land into parcels suitable for modern integrated development with improved pedestrian and vehicular circulation in the project area;" said goal is reason to complete the Northern Waterfront Specific Plan first; people want discussions about Clement Avenue and integrated development [of the Northern Waterfront]; according to the Tinker Avenue Extension Summary Report, a majority of community members want to review the traffic analysis for the area; traffic analysis should review the big picture for traffic and circulation in the City and take into account impacts of all proposed circulation improvements. Steven Gerstle, Alameda, stated the focus should be on whether the City is getting the best deal possible; the property is valuable; there should be negotiations; inquired why the Kaufman & Broad plans are moving forward without the Northern Waterfront Plan in Special Meeting Community Improvement Commission August 1, 2000 place; further stated the Northern Waterfront Plan should be completed before individual projects are considered. Debra Arbuckle, Neighborhood Coalition, stated her neighborhood group has been attending meetings about development in the [northern waterfront] area since 1998; the Northern Waterfront Specific Plan was offered as the approach to address development; the Planning Board decided that the Specific Plan was promised to citizens and should be completed [prior to development]; transportation needs have not been adequately determined; all issues must be dealt with, including schooling, transportation, and environmental impacts; there has been one meeting with Kaufman & Broad; hundreds of neighbors attended; most neighbors do not want development reviewed one piece at a time; the Specific Plan was offered after the [neighborhood] meeting as a solution; the best development is desired. Commissioner Daysog stated if the [Kaufman & Broad] project is completed, the City can still push for the perfect development which will be consistent with the larger vision of the northern waterfront; the long range vision should not anchor down the small project; the Commission/Council will work to have desired amenities and lower density; everyone has a picture of Alameda planning. Commissioner Kerr stated the matter before the Commission is setting September 5 as the date for a Hearing on General Plan and BWIP amendments which change the designation of the Marina Cove site from industrial to housing. Jon Spangler, Alameda, stated the Kaufman & Broad project will change Alameda; the General Plan update should be completed; Kaufman & Broad should wait; encouraged the Council to support the Planning Board's decision. Charles Ward, Economic Development Commission (EDC), stated the EDC supports moving forward; requested the City to work with Kaufman & Broad on extension of Clement Avenue; stated halting the process would be a detriment to the community; the process can be closely monitored. Suzan Kaplan, Alameda, stated a Plan is needed to study schools and traffic patterns; she supports housing, but it should be done right; poor decisions have been made as a result of not having a Plan; the project should integrate with the rest of the City; the project is one-sixth of the [northern waterfront] area. Commissioner Kerr moved adoption of the Resolution and that Section Special Meeting Community Improvement Commission August 1, 2000 1 be amended to read: "prepares and presents," rather than "approves and adopts." Commissioner Kerr stated the Planning Board did not want to approve the project without resolving Clement Avenue extension; everybody wants the designation changed from industrial to residential; Bay Area Conservation and Development (BCDC) agreed to remove the Port designation from the area. Chair Appezzato noted there was an additional public speaker. Clarice Olson, Alameda, stated the Negative Declaration based traffic [findings] on when the warehouses were in operation; one warehouse has been closed for seven years; traffic has increased significantly since said time; sound walls are proposed because existing traffic noise [on Buena Vista Avenue] exceeds sound levels for residential areas; low-income houses are separate parcels adjacent to the Pennzoil facility; Planning felt low-income housing should be integrated; housing adjacent to the Pennzoil facility could cause liability issues in the future; suggested an Environmental Impact Report be completed. Commissioner DeWitt inquired whether the following actions must be approved: amendment to the BWIP; rezoning the property; and accepting Kaufman & Broad's proposal. Legal Counsel Korade responded that at the September 5 City Council meeting, the Council will review: 1) the Planning Board's recommendation; 2) the proposed amendment to the General Plan; 3) the proposed rezoning; 4) the environmental review in the form of a Mitigated Negative Declaration; and 5) the proposed amendment to the BWIP land use map. Commissioner DeWitt stated Buena Vista Avenue traffic is terrible; traffic should be diverted from Buena Vista Avenue to Clement Avenue; outlined various Plans in the City; stated even if visioning plans exist, individual projects are reviewed in detail; the Kaufman & Broad project will be reviewed, including design of houses, schools and traffic; the public will have the opportunity to review the development; inquired whether traffic and other issues would be reviewed in detail. Legal Counsel Korade responded the City Council will be asked to approve the Mitigated Negative Declaration which includes mitigations and findings on traffic. Speaker Douglas Holmes stated the Mitigated Negative Declaration Special Meeting Community Improvement Commission August 1, 2000 states problems exist and are fixable; questioned whether there might be something wrong with the Negative Declaration. Commissioner DeWitt inquired what Mr. Holmes believes is wrong. Mr. Holmes responded it [Negative Declaration] is addressing only a small part of a larger problem; funneling traffic through Clement Avenue probably will not work; traffic must be shifted; the matter should be open to the public, which would be accomplished by the Northern Waterfront Specific Plan. Commissioner DeWitt requested information on the Specific Plan, including cost and completion date. Executive Director Flint responded the Plan's estimated cost is $1/2 Million; Council approved issuance of a Request for Proposals and negotiation of the Proposals; said matter should be completed by the end of the month; the Plan will take approximately 14 months to complete; October 2001 is the projected completion date. Commissioner DeWitt seconded the motion with the provision that there be a Hearing to address all aspects, including environmental, school, housing, and transportation. Chair Appezzato clarified that the motion set the matter to come before the City Council on September 5. Under discussion, Commissioner Johnson stated the Northern Waterfront Specific Plan is necessary; however, the project should not be delayed until the Plan is completed; the City can get a quality project without the Plan; there is a housing crisis in Alameda and the Bay Area; the project is not being approved tonight; there will be a Public Hearing before the City Council in September; no one wants the property used for general industry. Chair Appezzato stated regardless of the decision made, not everyone will agree. ,Commissioner Daysog stated the Marina Cove project will move forward good planning in the northern waterfront area. Commissioner Kerr stated there is a need for planning; the Specific Plan should be moving forward; Tinker Avenue extension Consultants indicated Clement Avenue extension would not impact traffic figures for Tinker Avenue; piecemeal thinking should be avoided; Tinker Avenue extension and Clement Avenue extension should be integrated. Special Meeting Community Improvement Commission August 1, 2000 3 9 On the call for the question, the motion carried by unanimous voice vote - 5. ADJOURNMENT There being no further business, Chair Appezzato adjourned the Special Meeting at 840 p.m. Respectfully submitted, Dia e B. Felsch, CMC Secretary, Community Improvement Commission Agenda for meeting was posted in accordance with the Brown Act. Special Meeting Community Improvement Commission August 1, 2000