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2000-11-21 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - NOVEMBER 21, 2000 - - 7:30 P.M. Mayor Appezzato convened the Regular City Council Meeting at 7:28 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Absent: Councilmember Kerr - 1. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Vice Mayor Daysog moved approval of the Consent Calendar. Councilmember Johnson seconded the motion which carried by a unanimous voice vote - 4. Absent: Councilmember Kerr - 1. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *00 -633) Minutes of the Special Joint City Council, Community Improvement Commission (CIC), and Alameda Reuse and Redevelopment Authority Meetings (Closed Sessions) held on October 3, 2000, October 17, 2000, and November 2, 2000; the Special Joint City Council and CIC Meeting (Closed Session) held on October 17, 2000; and the Special and Adjourned Regular City Council Meetings held on November 8, 2000. Approved. Councilmember Johnson requested the November 8, 2000 Adjourned Regular Minutes be amended to reflect that Jean Sweeney read Margie Joyce's comments into the record. ( *00 -634) Recommendation to accept Presentation of the Implementation Program for the Economic Development Strategic Plan, Alameda Downtown Vision Plan, and Housing Forum recommendations. Accepted. ( *00 -635) Recommendation to accept the work of P &P Construction, Inc., for Repair of Portland Cement Concrete Sidewalk, Curb, Gutter and Driveway, No. P.W. 01- 00 -02. Accepted. Regular Meeting Alameda City Council 1 November 21, 2000 ( *00 -636) Recommendation to accept the work of Gordon N. Ball, Inc., for Bay Farm Island Dike Repair Project, Phase 2, No. P.W. 05- 99 -16. Accepted. ( *00 -637) Recommendation to accept Improvements and reduce the Subdivision Bond for Tract 7035 (The Gardens). Accepted. ( *00 -638) Recommendation to accept Quarterly Investment Report for Period Ending September 30, 2000. Accepted. ( *00 -639) Recommendation to accept Quarterly Financial Report for Period Ending September 30, 2000. Accepted. ( *00 -640) Recommendation to accept Quarterly Sales Tax Report for Second Quarter of 2000. Accepted. ( *00 -641) Ratified bills in the amount of $2,326,208.66 REGULAR AGENDA ITEMS (00 -642) Public Hearing to consider a Tentative Map, TM -7170 to establish a subdivision for 152 lots for 124 detached homes and 28 attached homes and related utilities, streets, open space and visitor parking on 20.52 acres. The site is located north of Buena Vista Avenue between Hibbard Street and Entrance Road. Applicant: Kaufman & Broad; (00 -642A) Resolution No. 13289, "Making Findings Concerning Mitigation Measures and a Mitigation Monitoring and Reporting Program in Accordance with the California Environmental Quality Act for the Marina Cove Planned Development and Subdivision Located on Buena Vista Avenue between Hibbard Street and Entrance Road (State Clearinghouse #2000062119)." Adopted; and (00 -642B) Resolution No. 13290, "Approving Tentative Map, TM -7170, for Property Located on Buena Vista Avenue between Hibbard Street and Entrance Road." Adopted. The Planning Director stated Council is considering approval of 152 homes on 152 lots, including the possibility to complete Clement Avenue extension; Council has approved General Plan- and Zoning Amendments for the site; the Planning Board has approved the Planned Development. Vice Mayor Daysog inquired whether architectural designs, including design review, would require further Council action. Regular Meeting Alameda City Council 2 November 21, 2000 The Planning Director responded there are subsequent actions, such as the final map and design review; however, the action tonight is the final discretionary action of the Council; Council will only consider the matter [again] if there is a design review appeal or to approve subdivision bonds and accept easements. Vice Mayor Daysog inquired whether design review would be before the Planning Board or Planning staff, to which the Planning Director responded the Planning Board chose to leave design review as a staff -level action with right of appeal. In response to Vice Mayor Daysog's further inquiry about the time frame for reviewing drawings, the Planning Director stated the neighborhood will receive notice of the required 10 -day review period. Councilmember Johnson stated there should be special attention to street lighting, utility boxes, street trees, and individual mail boxes; and that the park should meet the needs of a broader age group; inquired whether staff could address said issues in design review. The Planning Director stated street lights, utility boxes, street trees and the park are infrastructure issues and should be addressed tonight; if conditions are not correct, revisions can be made tonight. Councilmember Johnson inquired whether details must be provided in conditions or if a broad statement, "such as subject to staff approval," could be added. The Planning Director responded Council does not have to set specific conditions, but can provide direction as to the general outcome desired; staff would work with the Applicant on improvement plans to address said issues. Mayor Appezzato opened the public portion of the Hearing. Richard Neveln, Alameda, stated there are no bus shelters; transit infrastructure is important to the project. Opponents: Douglas Holmes, Buena Vista Avenue Neighbors; Irma Marin- Nolan, Alameda; Michael Krueger, Alameda Transit Advocates; and Jon Spangler, Alameda. Proponents: Regular Meeting Alameda City Council 3 November 21, 2000 Jean Sweeney, Alameda; Michael Connors, Alameda; Judge Chester Richard Bartalini, Alameda; Lisa Hall, Alameda; and Christopher Buckley, Alameda. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Vice Mayor Daysog stated Council attempted to respond to speakers' comments and work closely with residents on the important issues. Councilmember Johnson moved adoption of the Resolution, "Making Findings Concerning Mitigation Measures and a Mitigation Monitoring and Reporting Program in accordance with the California Environmental Quality Act for the Marina Cove Planned Development and Subdivision located on Buena Vista Avenue between Hibbard Street and Entrance Road." Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - 1.1 Councilmember Johnson moved adoption of the Resolution approving Tentative Map, TM -7170, with the following condition trees, utility boxes and street lighting be subject to the approval of the Public Works Director. The Public Works Director stated decorative street lighting should be a specific condition to make the developer aware [of the requirement]; placing utility pedestals underground should be a specific condition because the developer will have to pay related costs; street trees can be subject to approval of the Public Works Director. Councilmember Johnson stated utility companies are adding additional boxes throughout Alameda; inquired whether Council could require utility boxes which could be shared by different providers. The Public Works Director stated that he is working with the City Manager on said issue; the matter will return to the City Council; the City does not have a requirement to have utility boxes underground; however, Council can require underground boxes in the Tentative Map. Councilmember Johnson inquired whether future [utility] boxes would have to be underground. The Public Works Director responded said matter will be handled Regular Meeting Alameda City Council 4 November 21, 2000 through a different venue; Council will consider an ordinance [in the future]. The Planning Director requested Councilmember Johnson to include speaker Christopher Buckley's suggestion that CC &R's indicate Clement Extension will be both east and west. Councilmember DeWitt seconded the motion. Councilmember Johnson clarified her motion [to adopt the Resolution approving Tentative Map TM -7170] included the amendments suggested by the Public Works Director [decorative lighting and underground utility pedestals be specific conditions; and street trees be subject to the approval of the Public Works Director] and speaker Christopher Buckley [that Section I.15a of Attachment 1, titled Public Works Department Subdivision Standards Tract 7170 Marina Cove, of Resolution No. 13290, read: "Clement Avenue may be completed as an extension by connecting through the east and west and may be designated as a truck route "]. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - 1.] (00 -643) Public Hearing to consider a Tentative Map, TM -7232, for a five lot subdivision of the 27,015.12 square foot parcel ranging from 4,730 square feet to 6,859 square feet, a private access street, four guest parking spaces and common landscaping. The site is zoned R -1 -PD, One Family Residence /Planned Development Combining District. Applicant Mark Wommack for Alan Lau; and (00 -643A) Resolution No. 13291, "Approving Tentative Map, TM -7232, for a Five Lot Subdivision at 43 County Road." Adopted. Mayor Appezzato opened the public portion of the Hearing. Robert Price, Alameda, stated that his concern is drainage. Proponent: Mark Wommack, Developer, Alameda. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Councilmember Johnson inquired whether drainage was a problem in the area. The Planning Director responded in the affirmative; stated two plans were considered for the area, which is a low -spot with no Regular Meeting Alameda City Council 5 November 21, 2000 outlet; the project creates an opportunity to provide drainage to the site and resolves the matter; a chimney has been constructed encroaching on a three - foot -wide piece of land which extends to the road; the applicant is working with the owner to find an appropriate easement; the subdivision cannot move forward without finding and securing an easement which extend through and solves the drainage problem. Councilmember Johnson inquired whether special review should be required to ensure that the drainage problem will be solved. The Public Works Director responded a drainage study will be required; the subdivider cannot be required to fix an existing problem, however, staff can require the subdivider not to exacerbate an existing problem; staff will work with the developer's engineer. Councilmember Johnson moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - l.] (00 -644) Recommendation to consider an Appeal of the Transportation Advisory Committee's (TAC's) decision to deny a request for All -Way Stop Control at the intersection of Pacific Avenue and St. Charles Street. Appellant: Hugh Morgan. Hugh Morgan, Appellant, stated the TAC denied the request for a stop sign based on State warrants; if State warrants were followed in Alameda, only Park Street and Webster Street would have all -way stops; traffic down St. Charles Street travels fast; there are children in the neighborhood; an all -way stop might slow traffic and make it safer for children. Vice Mayor Daysog stated State warrants identify conditions which require the placement of traffic assistance measures, such as stop signs and speed bumps; Alameda is unique and should think locally, rather than focus on State warrants; that he will support Mr. Morgan's request; further stated that he has communicated with the City Manager and Planning Department regarding traffic calming devises which Alameda could apply on a more strategic basis; perhaps there could be locally derived warrants that identify conditions for [requiring] devises; the process will occur as part of the General Plan update. Councilmember DeWitt moved approval of the request for a four -way stop sign at St. Charles Street and Pacific Avenue. Regular Meeting Alameda City Council 6 November 21, 2000 Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Johnson stated that she concurs with Vice Mayor's comments about proceeding on a more strategic basis; Council should be cautious about approving stop signs; the stop sign makes sense in this case; however, Council should not set a precedent that every neighborhood requesting a stop sign will be approved. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - l.] Mayor Appezzato called a recess at 9:34 p.m. and reconvened the Regular Meeting at 9:48 p.m. (00 -645) Recommendation to consider options pertaining to the Alameda Beltline Railroad Yard Open Space Initiative. Debbie Collins, Alameda, urged Council to adopt the petition to rezone the Beltline property to parks and open space; suggested the property be part of a larger park, consisting of bicycle and walking trails; trails could run from the Ferry Terminal, along Atlantic Avenue, through the [Beltline] property, and along Clement Avenue to connect to Fruitvale BART; parks enhance property values and benefit existing businesses by generating revenue; submitted a letter to Councilmembers. Douglas Holmes, Alameda, urged Council to consider the unique opportunity to create a major open space park; the property is in the middle of an old community; urged Council to consider the possibilities. Chris Finn, Alameda. Kathy McIntire read and submitted a letter from Mr. Finn in support of open space. Richard Neveln, Alameda, stated the Beltline Park could be similar to Central Park [in New York] or Golden Gate Park [in San Francisco]; described his vision for the park. Jean Sweeney, Initiative Petition Proponent, Alameda, stated that she requested the Environmental Protection Agency (EPA) to send information on its Brownfields program, which offers assistance with environmental clean up; gave an overview of the Brownfields materials provided. Garlen Capita, Program Manager, Trust for Public Land. John Regular Meeting Alameda City Council 7 November 21, 2000 Lambden read and submitted a letter from Mr. Capita in support of preservation of open space at the former [Beltline] Railyard property and outlining funding opportunities. Margie Joyce, Alameda. Jean Sweeney read and submitted Ms. Joyce's letter in support of zoning the Alameda Beltline as park /open space. Steve Haines, Alameda, stated there is a significant amount of open space in the [Beltline] area, including at the College of Alameda; future housing needs should be considered; the community is of mixed opinions; all voices which might have an interested in the matter are not present tonight, therefore, the matter should go to the voters. Cheryl Stake, Alameda, in support of open space, but did not want to speak. Jenny Curtis, Alameda, stated the Association of Bay Area Governments (ABAG) has statistics regarding open space; the City of Alameda has the second to lowest areas of City parks and open space in acres - per -1000 people; reviewed and submitted a copy of statistics in comparison to other cities. Mayor Appezzato stated when the former Navy base is acquired, 565 dry acres and 300 wetland acres will be open space; there will be a national wildlife refuge; 700 of the former base is tidelands which cannot be sold or have housing; open space per person will change dramatically; density in Alameda was caused by tearing down homes and constructing apartment buildings prior to Measure A [1973]. Sara Paulson, Alameda, urged Council to preserve open space at the Beltline. Len Grzanka, Alameda, urged Council to pass the rezoning; stated that he originally thought the land should be developed; after going door -to -door in the neighborhood, he realized the surrounding neighborhood is very dense; the City does not have the infrastructure to support traffic; State Senator Don Perata is supporting legislation to make ABAG housing requirements mandatory; however, if the City zones the area open space tonight, housing unit requirements could not be enforced; urged Council to put the land off limits and provide open space for densely packed neighborhoods. Joe Graceffo, Alameda, stated that he supports the open space initiative. Regular Meeting Alameda City Council 8 November 21, 2000 Helena Lengel, Alameda, stated the [Beltline] property is alive with wildlife; listed animals which live in the area. Jon Spangler, Alameda Transit Advocates, stated Alameda Transit Advocates supports the creation of a park and open space on the former Alameda Beltline Railway; urged passage tonight; alternate uses are housing and Clement Avenue extension; due to Measure A, high- density housing, which would be transit effective, is not possible; Clement Avenue extension would increase auto traffic and make additional congestion at the tubes; a high -speed or light -rail right -of -way could be considered in the future; said use would be easier to add onto open space, rather than a paved roadway. Debra Arbuckle, Neighborhood Network, stated many would like to see [the property zoned] open space. Julian Frederick, Alameda Transit Advocates, urged Council to pass the initiative. Melissa Ehn, Buena Vista Avenue Neighbors, stated that she supports preserving the Alameda Beltline land as open space; the area has served as an unofficial park for the neighborhood; the Alameda Journal newspaper stated the Mayor is opposed to approving the Beltline ordinance because of potential expansive lawsuits; however, several development projects have been approved lately despite the threat of lawsuits; if threatened litigation does not prevent the City from building, it should not keep the City from preserving open space. Dan Wood, Co- founder, Bike Alameda, urged Council to pass the measure tonight; stated if Council chooses to wait for an election, the point will be moot by that time; a roadway or housing will not encourage people to get out of their cars and will only encourage more people to drive; ABAG requirements and desire for development money, should not stop the opportunity to make the property open space. Timmie Chesler, Alameda, stated there are many homes with no park on the north side; more houses are being constructed in the area; urged Council to vote [to preserve open space] tonight. Mike Valley, Sun Country Partners, submitted a letter to Council; stated Sun Country Partners has a contract to develop the Beltline site; a year ago, his company was encouraged by the City to develop a general specific plan for the northern waterfront to address concerns regarding traffic, parks, housing, schools; the developers agreed to fund said plan; the specific plan should continue to be developed while the initiative is taken to the public; only 100 of Regular Meeting Alameda City Council 9 November 21, 2000 the voters are represented by the petition; until all the voters are heard, the Council should not adopt the ordinance; prior to moving forward, there should be a study of the fiscal and legal impacts; urged Council to set up a study group and move cautiously. Councilmember Johnson moved that staff be directed to provide a report on the effect of the proposed ordinance at the December 19, 2000 Regular Council Meeting. Councilmember Johnson stated there are complex issues, including the City not owning the property; the best course of action is to get a staff report. Councilmember DeWitt stated the City does not own the property; inquired the legal impact to the City if the property is rezoned open space. The City Attorney responded existing litigation with Alameda Beltline further complicates the matter; Alameda Beltline is strenuously objecting to the City's claim that it has the right to get the property back at a nominal cost; if the City rezones the property, it would end up in extensive litigation because they [property owners] will claim it is a regulatory taking; the City will be obligated to pay millions of dollars, which is the fair market value price of the property and the litigation expenses. Councilmember DeWitt inquired whether the City would have to purchase the property if it wants open space. The City Attorney responded they [property owners] would claim that they are entitled to fair market value; the Court would decide whether the City is obligated to pay. Councilmember DeWitt stated the cost of declaring the property open space has been discussed; that he would like a report which identifies how many millions of dollars the taxpayers would be obligated to pay for the land. Councilmember DeWitt seconded the motion. Under discussion, Vice Mayor Daysog stated due diligence includes reviewing available funds, e.g. Brownfields, Trust for Public Lands; available resources for open space must be identified; that he is interested in a 500/50° split; there are 22 -23 acres; 11 acres could be open space, and the other 11 acres could be another use, e.g. residential development; there could be a compromise; the City has limited resources; information should be gathered; the City should position itself to review available funding from the Regular Meeting Alameda City Council 10 November 21, 2000 EPA and regional governments. Mayor Appezzato stated that he told the Alameda Journal newspaper that he is not opposed to open space if the voters of the community desire it; he will vote to put the measure on the ballot; the property is entangled in extensive litigation, which will take one or two years to resolve; the property could cost upwards of $15- to $20 Million, if the City has to acquire the land; if a judge determines the value is based on improved property, it could be multi - millions; nothing can be built until the property is rezoned; there is no move to rezone the land to residential at this time; he would be pleased to entertain funding ideas to make the land open space; he supports the motion; the motion requests staff to provide an impact report at the December 19, 2000 meeting; there will be two options at said time: 1) introduce the ordinance, or 2) place it on the November 2002 ballot; placing it on the November 2002 ballot does not mean it has to remain on said ballot; inquired whether the City could place the measure on the ballot sooner, if the litigation is over and the City is willing to spend the money for a special election. The City Clerk responded her understanding is that a Special Election cannot be called in this instance. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - 1.] Mayor Appezzato stated that he was under the impression that a special election could be called and he was glad the matter was corrected: the number of signatures determines a special election; the City will wait and place the matter on the ballot two years from now. The City Attorney stated that she will confirm the question of a Special Election and include it in the December report. (00 -646) Recommendation to accept report reviewing the Capital Improvement Project Rating Criteria and the proposed disposition of funds from the Small Project Fund. Vice Mayor Daysog stated during the bi- annual budget hearings, there was no new money for parks; the City Manager and Public Works Director came up with a process for dealing with projects under $50,000; money was going to large, necessary projects; smaller projects were being judged on the same criteria as large projects, which made it difficult for small projects to score high; therefore, the Small Project Fund was created. Regular Meeting Alameda City Council 1 1 November 21, 2000 Vice Mayor Daysog moved acceptance of the recommendation. Councilmember Johnson seconded the motion, which carried by unanimous voice vote -4. [Absent: Councilmember Kerr - 1.] (00 -647) Ordinance No. 2848, "Amending the Alameda Municipal Code by Amending Subsection 30 -4.13 (PD, Planned Development Combination District) of Chapter XXX (Development Regulations) by Adding Subsection 30-4. 13 (d) (1) (c) and Subsection 30- 4.13(e)(4)." Finally passed. Councilmember Johnson moved final passage of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - 1.] (00 -648) Ordinance No. 2849, "Reclassifying and Rezoning Certain Properties within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., for Property Located at 980 Fernside Boulevard." Finally passed. Councilmember DeWitt moved final passage of the Ordinance. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Kerr - 1.] ORAL COMMUNICATIONS, NON- AGENDA (00 -649) Michael Torrey, Alameda, congratulated Councilmembers DeWitt and Kerr on their re- election. COUNCIL COMMUNICATIONS (00 -650) Councilmember Johnson stated there are large street improvement projects on Constitution Way, Fernside Boulevard and Harbor Bay Parkway with minimal traffic disruption. (00 -651) Consideration of Mayor's nomination for appointment to the Economic Development Commission. Mayor Appezzato nominated Harry W. Dahlberg for appointment to the Economic Development Commission. ADJOURNMENT Regular Meeting Alameda City Council 12 November 21, 2000 (00 -652) There being no further business, Mayor Appezzato adjourned the Meeting at 10:58 p.m. in memory of Wilfred Hodgkin. Respectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 13 November 21, 2000