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2007-02-20 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - FEBRUARY 20, 2007- -7:30 P.M. Mayor Johnson convened the Regular City Council meeting at 8:30 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (07 -073) Mayor Johnson announced that the Resolution Appointing Walter Schlueter [paragraph no. 07 -088] would be heard before the Consent Calendar items removed for discussion. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (07 -074) Proclamation declaring the period of January 30, 2007 to April 4, 2007 as A Season for Nonviolence. Mayor Johnson read and presented the proclamation to Audrey Lord - Hausman with the Development Services Department. Ms. Lord - Hausman thanked Council for the proclamation; stated it is important to ensure that children live in a safe community; a youth speech contest has been initiated in partnership with the School District. (07 -075) Presentation of City Map Project. The Development Services Director gave a brief report. Mayor Johnson thanked Jeanette Copperwaite with Copperwaite Digital Media for the City Map design. Ms. Copperwaite stated it was a pleasure to work on the City Map. Kathy Moehring, West Alameda Business Association (WABA), thanked the City for providing the City Map. CONSENT CALENDAR Mayor Johnson announced that the recommendation to accept the Quarterly Investment Report [paragraph no. 07 -079], the recommendation to amend Contracts [paragraph no. 07 -0801, and Resolutions Amending City of Alameda Resolution Nos. 13937 and 13907 [paragraph nos. 07 -086 and 07 -086A] were removed from the Regular Meeting Alameda City Council 1 February 20, 2007 Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *07 -076) Minutes of the Special and Regular City Council Meetings held on February 6, 2007. Approved. ( *07 -077) Ratified bills in the amount of $3,803,536.53. ( *07 -078) Recommendation to accept the Quarterly Sales Tax Report for the period ending September 30, 2006. Accepted. (07 -079) Recommendation to accept the Quarterly Investment Report for the period ending December 31, 2006. Vice Mayor Tam stated the County Auditor - Controller offered to review the City's investment portfolio and facilitate a meeting with the County Treasurer to review investment opportunities. The City Treasurer gave a briefing on the City's Investment Report. Mayor Johnson inquired whether the two manager's performances differ. The City Treasurer responded the difference is very small; stated one manager manages longer term bonds, which gives a little higher return over time. Mayor Johnson requested that the City Treasurer review the City's Investment Policy when meeting with the County Auditor - Controller or that he conduct his own review. The City Treasurer stated the Finance Director is very bright and continues to investigate the investment arena. Vice Mayor Tam moved approval of the staff recommendation with direction that the City Treasurer meet with the County Auditor - Controller and County Treasurer to review the City's investment portfolio and policy and to report back to Council in the next Quarterly Report or sooner. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 2 February 20, 2007 (07 -080) Recommendation to amend Contracts with Lamphier- Gregory and Omni Means for environmental and traffic evaluations of the proposed expansion of the Alameda Towne Centre and amend Contract with Harsch Investment Realty for payment of consultant and staff costs. The Supervising Planner provided a brief presentation. Eugenie Thomson, Alameda (submitted handout), urged Council to send the scope back to the Planning Board for further discussion. Dorothy Reid, Alameda, stated she is concerned with the scope; accurate traffic numbers are needed to make a real decision. Claire Risley, Alameda (submitted handout), urged Council not to approve the requested Contract revisions; the scope of work fails to analyze the environmental impacts of the entire Target building; the project is piece mealed; the California courts make it very clear that a public agency may not divide a single project into smaller sub - projects to avoid the responsibility of considering the environmental impact of the project as a whole. There being no further speakers, Mayor Johnson closed the public portion of the hearing. Councilmember deHaan stated the proposed additional work is a direct outgrowth of the Planning Board, Transportation Commission and general public; inquired whether the additional scope of work is covered adequately. The Supervising Planner responded in the affirmative; stated the $12,000 referenced by Ms. Thomson is included in the existing traffic study and the draft Environmental Impact Report (EIR); the work was performed outside the original scope of work; staff has reviewed all comments received after the draft EIR; piece mealing comments have been submitted into the record; responses will be included in the final EIR. Councilmember deHaan inquired whether staff would be provided with the Planning Board, Transportation Commission and public comments. The Supervising Planner responded comments would be addressed in the future; stated the Traffic Engineer, Public Works and Planning staff, City Attorney's office, and environmental consultant had extensive discussions on how to respond to comments received; there were concerns about additional intersections on Park Street and Otis Drive and unanticipated consequences from existing traffic Regular Meeting Alameda City Council 3 February 20, 2007 signal improvements. Councilmember deHaan inquired how the study would dovetail with the Transportation Commission's concerns regarding looking beyond the focused area. The Supervising Planner responded staff is looking at intersections as far away as Park Street and Lincoln Avenue; stated staff is following up with the Transportation Commission's bicycle interconnection, transit and pedestrian concerns; an on -sight workshop is scheduled with the Planning Board on March 12. Councilmember deHaan inquired whether the Safeway fueling station and Alameda Landing entitlement changes would be discussed. The Supervising Planner responded that he received comments on the Safeway fueling station from John Knox White with the Transportation Commission; stated comments would be discussed at the March 12 Planning Board meeting; staff is not looking at how Alameda Landing relates to the project. Councilmember deHaan inquired whether 2005 was the baseline date for determining tax and traffic data. The Supervising Planner responded real data was gathered in 2002- 2003 for the previous shopping center expansion proposal; stated Omni -Means collected new data for the 2005 proposal; traffic levels were lower because of vacancies; the higher number was used in the traffic study. Councilmember deHaan stated not all retail is equal; inquired whether a different retailer would have a different requirement. The Supervising Planner responded the project is treated as a shopping center with a variety of retail uses; stated retailers are treated the same. Councilmember deHaan provided a handout; stated tax data was used as a base to make traffic determinations. The Supervising Planner stated that the traffic study was based on trip generation factors; the information was consolidated into standard numbers that apply to a broad range of shopping centers. Councilmember Gilmore stated the Bayfair Mall Target has the same retail square footage as the proposed Target; the Bayfair Mall Target is near BART, bus lines, and Interstates 880 and 580; inquired why traffic impacts would not be assumed when Regular Meeting Alameda City Council 4 February 20, 2007 transportation access is not good. The Supervising Planner inquired whether Councilmember Gilmore was referring to the total size of the store. Councilmember Gilmore responded Target needs to generate sale numbers to make the store work; stated the Bayfair Target is a regional shopping center that would draw more consumers because of the better transportation corridor; the proposed Target has the same size retail space and worse transportation access; inquired why a same size store would be built if retail sales would not be the same. The Supervising Planner responded the traffic study is based on the total square footage of the shopping center, including Target; stated measurements are made by either counting cars or calculating standard trip generation factors for different types of businesses. Councilmember Matarrese stated questions need to be answered deficiencies; he does not believe traffic impact. impacts are not being debated; on whether the draft EIR has the proposed Target would have no The Supervising Planner stated the draft EIR identifies significant traffic impacts and includes mitigation measures. Councilmember Matarrese inquired whether there is some flexibility for when the work should be done or for adjustments to data collection methods. The Supervising Planner responded the project has been in the City's hands for two years; stated the process should have been completed a year ago under the Permit Streamlining Act; he would not recommend waiting to update the traffic study; the existing draft EIR includes some mitigation monitors. Councilmember Matarrese inquired whether the final EIR would describe methods used to do the additional work, to which the Supervising Planner responded in the affirmative. Councilmember Matarrese stated there are unanswered questions; the Contract needs to be approved to get the work done; inquired whether Ms. Risley's issue would be addressed in the final EIR. The Supervising Planner responded the piece mealing comments have been submitted and would be addressed in the final EIR. Mayor Johnson inquired whether the additional work is the result of Regular Meeting Alameda City Council 5 February 20, 2007 the Planning Board, Transportation Commission, and community input, to which the Supervising Planner responded in the affirmative. Vice Mayor Tam stated additional traffic analysis is recommended by the Planning Board, Transportation Commission, and public; inquired what is not being addressed in the current scope. The Supervising Planner responded that he did not know; stated no specifics were offered; staff is responding to any written comments received; the City's EIR guidelines require written response to any comments. Vice Mayor Tam inquired whether the additional analysis would address timing, Target size, and tenant issues. The Supervising Planner responded said issues would be covered in the additional analysis or in staff's professional judgment. Councilmember deHaan inquired whether the Planning Board had the opportunity to review the scope of work. The Supervising Planner responded in the negative; stated staff consolidated all comments received, which was two inches thick. Councilmember deHaan inquired whether going back to the Planning Board would be more prudent. The Supervising Planner responded a special meeting is scheduled for March 12 to walk the site. Councilmember Matarrese stated the scope is sufficiently broad to allow interaction between the Planning Board and staff to move forward and make adjustments as information is gathered from the March 12 meeting. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Gilmore inquired what is the comment and discussion period once the final EIR is prepared. The Supervising Planner responded there is a mandatory fifteen day comment period once the final EIR is provided; stated that he anticipates more than a fifteen day comment period because the Planning Board wants opportunities to discuss the final EIR before the public hearing. Councilmember Gilmore stated there would be a full - noticed hearing; the Planning Board would take action on the final EIR; inquired Regular Meeting Alameda City Council 6 February 20, 2007 what would happen if the Planning Board approved the final EIR. The Supervising Planner responded the Planning Board would have the option of certifying the EIR and approving or denying the project; stated a workshop could be scheduled to discuss responses. Councilmember Gilmore inquired whether the Planning Board decision could be appealed to Council, to which the Supervising Planner responded in the affirmative. Councilmember Gilmore inquired whether there would be opportunities for the public and Planning Board to comment on the final EIR, to which the Supervising Planner responded in the affirmative. Councilmember Gilmore seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Gilmore, Matarrese, Tam, and Mayor Johnson - 4. Noes: Councilmember deHaan - 1. Councilmember deHaan stated the scope should have gone to the Planning Board; that he cannot support the staff recommendation. ( *07 -081) Recommendation to allocate $347,000 in Measure B Funds and award a Contract for Design and Construction Administration Services in the amount of $102,695, including contingencies, to Baseline Engineering for Grand Street Bridge and Ballena Boulevard Bridge Repair and Resurfacing, No P. W. 11- 06 -24. Accepted. ( *07 -082) Recommendation to authorize installation of Stops Signs to replace Yield Signs at the intersections of Adams Street and Peach Street; Post Street and Washington Street; Calhoun Street and Peach Street, Fairview Avenue and Cornell Drive; Bayo Vista Avenue and Cornell Drive; Harvard Drive and Windsor Drive; Cambridge Drive and Windsor Drive. Accepted. ( *07 -083) Recommendation to adopt Plans and Specifications and authorize Call for Bids for installation of Countdown Pedestrian Signal Heads and Audible Pedestrian Signals, No. P.W. 01- 07 -01. Accepted. ( *07 -084) Resolution No. 14068, "Authorizing Open Market Purchase Pursuant to Section 3 -15 of the Alameda City Charter for Repair of the Main Street Ferry Terminal Pier, and Authorizing the City Manager to Enter into Such an Agreement." Adopted. ( *07 -085) Resolution No. 14069, "Approving the Application for California Cultural and Historical Endowment (CCHE) Grant Funds Under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002." Adopted. Regular Meeting Alameda City Council 7 February 20, 2007 (07 -086) Resolution No. 14070, "Amending City of Alameda Resolution No. 13937 to Change the Timing of Compliance for the Final Lighting and Signage Plan Condition of Approval for Design Review DR -5 -0041, the Proposed Cineplex at 2305 Central Avenue, from "Prior to Issuance of Building Permit" to "Prior to the Issuance of a Temporary Certificate of Occupancy ", and to Change the Timing of Compliance for the Final Lighting, Signage, and Landscaping Plan Condition of Approval for Design Review DR05 -0028, the Proposed Parking Garage at 1416 Oak Street, from "Prior to Issuance of Building Permit" to "Prior to the Issuance of a Temporary Certificate of Occupancy." Adopted; and (07 -086A) Resolution No. 14071, "Resolution Amending City of Alameda Resolution No. 13907 to Change the Timing of Compliance for the Queuing Plan Condition of Approval for Use Permit UP05 -0018 from "Prior to Issuance of Building Permit" to "Prior to the Issuance of a Temporary Certificate of Occupancy." Adopted. Councilmember Gilmore stated she would like the Planning Board to have a full discussion on trees; she likes the idea of continuing the sycamore trees along Central Avenue; tree spacing issues can be worked out. Mayor Johnson concurred with Councilmember Gilmore; stated planting a different type tree would be contrary to the Master Tree Plan; major streets should have the same type tree. Councilmember Gilmore requested staff to review the Oak Street tree treatment. Councilmember Matarrese stated aphid infested trees are messy. Councilmember Gilmore moved adoption of the resolutions with direction that the Planning Board address tree selection. Councilmember Matarrese seconded the motion. Under discussion, Councilmember deHaan inquired whether other developers have been given the opportunity to postpone discussions in order not to delay design approval. The Development Services Director responded it is very unusual to have sign and landscaping designs done so early in the project. On the call for the question, the motion carried by unanimous voice vote - 5. ( *07 -087) Ordinance No. 2963, "Repeal the Existing Time Limit for Regular Meeting Alameda City Council 8 February 20, 2007 Incurring Debt in the Business and Waterfront Improvement Project." Finally passed. REGULAR AGENDA ITEMS (07 -088) Resolution No. 14072, "Appointing Walter Schlueter as a member of the Housing Commission." Adopted. Councilmember Matarrese moved adoption of the resolution. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath and presented a certificate of appointment to Mr. Walter Schlueter. Mr. Schlueter stated that he looks forward to serving on the Housing Commission. (07 -089) Public Hearing to consider Parcel Map No. 9286, (1900, 1910, 1920, 1930, 1950, 1960, and 1980 North Loop Road) to merge six existing parcels into five parcels with each parcel accommodating new flexible use building (warehouse, distribution, light manufacturing and administrative office). The site is located within the Harbor Bay Business Park in the C -M -PD, Commercial Manufacturing, Planned Development Zoning District; and (07 -089A) Resolution No. 14073, "Approving Parcel Map 9286 (TM 06- 0005) for the Purpose of Establishing Five Commercial Lots Located at 1900 -1980 North Loop Road." Adopted. The Planning and Building Director gave a brief presentation. Councilmember deHaan moved adoption of the resolution. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated good progress has been made; he looks forward to having commercial, non - retail development since the Quarterly Sales Tax report shows a decrease in business -to- business taxes. Councilmember deHaan inquired whether the area is parceled out. The Planning and Building Director responded the Ferry Terminal area is still undeveloped. On the call for the question, the motion carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 9 February 20, 2007 ORAL COMMUNICATIONS, NON- AGENDA None. COUNCIL COMMUNICATIONS (07 -090) Consideration of Mayor's nomination for appointment to the Golf Commission. Mayor Johnson nominated Bill R. Delaney. (07 -091) Vice Mayor Tam stated she attended the League of California Cities East Bay Division February 15, 2007 dinner meeting; bond funding allocation principles and term limits were discussed. (07 -092) Councilmember Matarrese requested a report on the new Library operations, staffing and long range plans, including library branch improvements. (07 -093) Councilmember Matarrese requested that staff provide a picture and an Off Agenda Report on how Long's will look after construction is complete; requested that staff inquire whether Long's would consider landscaping the corner across from City Hall. (07 -094) Councilmember deHaan requested that vegetation options be considered for Long's north side. (07 -095) Councilmember deHaan stated CalTrans plans to replace the Webster Street Tube lighting similar to the Caldecott Tunnel lighting; there is garbage in the Webster Street Tube entryway; the fence is damaged; Alameda's gateway looks scraggly. (07 -096) Mayor Johnson stated she spoke to Oakland Councilmember Quan regarding the City of Oakland's styrofoam ordinance which has been in effect since January 1, 2007; San Francisco's ordinance will become effective July, 2007; Berkeley has an ordinance; requested that the Climate Protection Campaign Task Force review the matter. (07 -097) Councilmember deHaan thanked staff for efforts made to eliminate the clothing collection bins on public areas. The City Manager stated Code Enforcement was responsible for the removal of the bins. ADJOURNMENT Regular Meeting Alameda City Council 10 February 20, 2007 There being no further business, Mayor Johnson adjourned the Regular Meeting at 9:46 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 1 1 February 20, 2007