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2004-01-20 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - JANUARY 20, 2004 - - 7:30 P.M. Acting Mayor Daysog convened the regular meeting at 7:55 p.m. Acting Chair Daysog announced that he would be presiding over the Meeting since Mayor Johnson was attending the Mayors' Conference in Washington, D.C. ROLL CALL - Present: Councilmembers Daysog, Gilmore, Kerr and Matarrese - 4. Absent: Mayor Johnson - 1. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Councilmember Gilmore moved approval of the Consent Calendar. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Johnson - 1.1 [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *04 -024) Minutes of the Special City Council Meeting, the Special Joint City Council and Community Improvement Commission Meeting, and the Regular City Council Meeting held on January 6, 2004. Approved. ( *04 -025) Recommendation to accept the Quarterly Sales Tax Report for period ending December 31, 2003 for sales transactions in the third calendar quarter of 2003. Accepted. ( *04 -026) Resolution No 13677, "Authorizing the Donation of Two Fire Trucks to Community College Districts for Educational Purposes." Adopted. ( *04 -027) Introduction of Ordinance Approving and Authorizing the Sale of a Vacated Portion of Adams Street. Introduced. Regular Meeting Alameda City Council 1 January 20, 2004 ( *04 -028) Ratified bills in the amount of $4,051,916.44. REGULAR AGENDA ITEMS (04 -029) Public Hearing to consider an Appeal of the Planning Board's denial of Planned Development Amendment and a Major Design Review to include: 1) the construction of an approximately 12.5 - foot by 14 -foot redwood arbor covering the rear patio; and 2) the construction of an 11 -foot by 9 -foot deck, approximately 12- inches high with an approximately 10 -foot high arbor constructed above the deck (a gazebo); and adoption of related resolution. The gazebo is constructed approximately 4 feet from the rear and side property lines and accommodates a hot tub. The site is located at 1198 Hillery Way and is within the R -2 -PD, Two Family Residential /Planned Development Zoning District. Not adopted. The Development Review Manager provided a brief presentation on the project. Councilmember Gilmore inquired what is the definition of an accessory structure; whether the definition includes an arbor, gazebo, deck under one or two feet in height, or a hot tub. The Development Review Manager responded that all items within a rear yard are considered accessory structures; stated that hot tubs are not regulated as accessory structures; hot tubs need electrical and plumbing permits; gazebos are accessory structures; decks under 30 inches in height do not need a building permit; all attached patio covers, even arbor -style coverings, require building permits. Councilmember Kerr inquired whether gazebos require a building permit; to which the Development Review Manager responded that gazebos are regulated as accessory structures and require a building permit. The Development Review Manager stated that there is a provision in the Code stating that any building under 120 square feet does not require a building permit; that a structural item such as a gazebo supporting a roof requires a permit. Councilmember Matarrese inquired whether there is a distinction between an arbor and a gazebo; to which the Development Review Manager responded in the negative. Councilmember Kerr stated that issues involving approval of the subdivision were the small backyards; the development was shoe- horned between two existing developments; restrictions were put on the planned development (PD) because backyards in the adjacent Regular Meeting Alameda City Council 2 January 20, 2004 developments were small; stated that the long, narrow configuration and the short cuts in the backyard depths were concerns because the adjacent developments also had some standards in their PD's. Councilmember Gilmore inquired whether the awning -like structure attached to the house was being discussed. The Development Review Manager responded that discussion included everything constructed in the rear yard. Acting Mayor Daysog opened the Public Hearing. Proponents: Ted Weigel, Bay Cove Home Owners Association; Kenneth Pratt, Appellant. Opponents: Roy Greer, Alameda; Ron Kroichick, Alameda; Andrea Scarnecchia, Alameda. There being no further speakers, Acting Mayor Daysog closed the public portion of the Hearing. Councilmember Matarrese inquired whether the same restrictions apply to properties bordering Bay Cove; to which the Development Review Manager responded in the negative. Councilmember Matarrese inquired whether there were structures in the adjacent backyards; to which the Development Review Manager responded in the affirmative. Councilmember Gilmore inquired the deck height; to which the Development Review Manager responded approximately 12 inches from the ground. Councilmember Gilmore inquired whether the patio slab was constructed by the builder or by the homeowner; to which the Development Review Manager responded the builder. Councilmember Matarrese stated that a number of things have changed since the plan was developed and the resolution adopted; rule of reasonableness should be applied. Councilmember Matarrese moved that the decision of the Planning Board be overturned and that an [PD] amendment be granted. Under discussion, Councilmember Kerr stated that the PD was in place when the properties were purchased; the PD's for the adjacent properties were established when the area was vacant; there is now a concern with impact; amendments should be made to the PD's of the Regular Meeting Alameda City Council 3 January 20, 2004 adjacent properties; that she would not force anyone to remove anything in the existing developments; that a hot tub could be used at all hours and as a party place; having a hot tub 15 feet from a bedroom window is not a good idea; the resolution establishing restrictions was a result of a meeting between the developer of Bay Cove and the residents of the adjacent property; a compromise was reached; stated that she will vote to uphold the Planning Board decision. Councilmember Gilmore stated that she was unhappy with the language for accessory structures; other areas do not have regulations on hot tubs or decks under 30 inches in height; stated that by definition of the Code, neither the deck nor the hot tub are accessory structures. Councilmember Kerr inquired whether hot tubs are accessory structures, which do not require a building permit except for plumbing and electrical. The Development Review Manager responded that hot tubs are regulated through electrical and plumbing permits. Councilmember Kerr inquired whether hot tubs are accessory structures. The Development Review Manager responded in the negative; stated that hot tubs do not require a building permit; stated that everything is considered an accessory structure but that certain structures are regulated; the Resolution approving the project states no accessory structures are allowed and does not say anything about which ones are regulated. Councilmember Kerr stated most of the Main Island does not have deed restrictions because of the deep backyards; as part of the approval, it was agreed to not put accessory structures in backyards. Councilmember Matarrese withdrew his motion. As a substitute motion, Councilmember Matarrese moved that the matter return to the Planning Board to resolve the issues around the structures and to discuss restrictions on the adjacent homeowners. Councilmember Gilmore seconded the motion. Under Discussion, Councilmember Gilmore stated that imposing similar restrictions on the neighboring Homeowners Associations Regular Meeting Alameda City Council 4 January 20, 2004 should be considered. Councilmember Kerr stated if the item is sent back to the Planning Board, she hopes that the three Homeowners Associations would get together before the Planning Board Meeting and come up with an acceptable plan. The City Attorney stated that sending the matter to the Planning Board is acceptable because there is no pending application. Councilmember Matarrese stated that there is a mechanism for requesting amendments; that there are conditions where an existing law, code, regulation, or resolution may not be practical, feasible or fair. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Mayor Johnson - 1.] (04 -030) Ordinance No. 2915, "Amending the Alameda Municipal Code by Repealing Section 22 -7 (Newspaper and Periodical Vending Machines) of Article I (Streets), Chapter XXII (Streets and Sidewalks) and Adding a New Section 22 -7 (Newspaper and Periodical Vending Machines)." Finally Passed. Robb Ratto, Park Street Business Association (PSBR), submitted pictures of newspaper racks and urged final passage. Councilmember Kerr stated overcrowded newspaper racks are not only occurring on Park Street; buses having trouble letting off passengers at the corner of Webster Street and Santa Clara Avenue. Councilmember Kerr moved final passage of the Ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Johnson - 1.] (04 -031) Ordinance No. 2916, "Approving and Authorizing the Execution of Second Amendment to Lease Agreement Between Mariner Square and Associates, as Lessee, and the City of Alameda, as Lessor, to Include an Additional Parcel of 2,739 Square Feet." Finally Passed. Councilmember Gilmore moved final passage of Ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Johnson - 1.] (04 -032) Ordinance No. 2917, "Approving Sale of Property Associated Regular Meeting Alameda City Council 5 January 20, 2004 with the Bridgeside Shopping Center from the City of Alameda to the Community Improvement Commission." Finally Passed. Councilmember Matarrese inquired the sale price of the property; to which the City Manager responded $6.25 million. Councilmember Matarrese inquired how the sale would benefit the City; to which the City Manager responded that the sale would restore the General Fund reserve and provide generation of sales tax. Councilmember Matarrese stated it is important to note that money has been replaced to the General Fund. Councilmember Gilmore inquired the date of the groundbreaking; to which the City Manager responded that the preliminary target is within the next six months. Councilmember Matarrese moved final passage of the Ordinance. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. [Absent: Mayor Johnson - l.] ORAL COMMUNICATIONS, NON- AGENDA (04 -033) Michael Torrey, Alameda, presented Vice Mayor Daysog and Councilmember Kerr with plaques on behalf of the Alameda Race and Non Violence Task Force; he expressed gratitude for continued attendance at the Martin Luther King, Jr. memorial celebrations over the past ten years. COUNCIL COMMUNICATIONS (04 -034) Councilmember Kerr stated a number of cities are leaving CalPers; that health benefit rates are increasing dramatically; stated that limited competition makes rates higher in northern California than in southern California; suggested that the Council be briefed on the situation because eventually a decision will need to be made; stated that with more cities leaving the system, costs for the remaining cities will go up; noted leaving the CalPers retirement system would be risky. The City Manager stated that the City has been exploring the possibility of withdrawing from the medical programs because of the expense; stated that the retirement program is being tracked; stated that the Human Resource Director will provide an update on health care. Regular Meeting Alameda City Council 6 January 20, 2004 (04 -035) Councilmember Matarrese requested a resolution supporting the upcoming Measure C School Bond be placed on the next Council meeting agenda. The City Manager inquired whether there was a template that could be used for drafting the document. Councilmember Matarrese responded that he would look into the matter. The City Manager suggested the resolution be considered at the Joint City Council and Board of Education Meeting on February 5, 2004. Councilmember Matarrese inquired whether the Council would be able to act independently. The City Manager responded that the meeting is scheduled as a Special Council Meeting; stated that action can be taken on any items on the agenda. (04 -036) Acting Mayor Daysog stated that Mayor Johnson requested that Jo Kahuianne be named as nominee for the Recreation and Parks Commission. ADJOURNMENT There being no further business, Acting Mayor Daysog adjourned the regular meeting at 8:55 p.m. Respectfully Submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 7 January 20, 2004