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1999-12-07 Joint CIC ARRA and Regular CC MinutesSPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY TUESDAY- -DECEMBER 7, 1999- -7:00 P.M. Mayor Appezzato convened the Special Joint Meeting at 7:00 p.m. Roll Call - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. The Special Joint Meeting was adjourned to Closed Session to consider: (99-587) Conference with Real Property Negotiator; Property: Fleet Industrial Supply Center and Alameda Point (Tidelands Trust Land Trade); Negotiating Parties: City of Alameda and State Lands Commission; Under Negotiation: Terms and Conditions. Following the Closed Session, the Special Joint Meeting was reconvened and Mayor Appezzato announced direction was given to the City's Real Property Negotiators. Adjournment There being no further business, Mayor Appezzato adjourned the Special Joint Meeting at 7:15 p.m. Respectfully submitted, DjW e B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Alameda Reuse and Redevelopment Authority December 7, 1999 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -DECEMBER 7. 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 8:16 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (99-588) Presentation of Certificate of Service to Peter Davis, Chair, Rent Review Advisory Committee. Mayor Appezzato presented the Certificate to Mr. Davis. (99-589) Presentation by the League of Women Voters of the publication entitled "San Francisco Bay Area Decision Makers Directory of Regional and. Inter-County Agencies (1999-2001)". Lena Tam, President, Alameda League of Women Voters, presented the 17th and final edition of the Directory to Council. (99-590) Mayor Appezzato announced that AT&T/TCI has advised the City that as of December 15, 1999, the government channel will be Channel 15 rather than Channel 22. CONSENT CALENDAR Mayor Appezzato announced that the recommendation to accept the City of Alameda Comprehensive Annual Financial Report [paragraph no. 99-593] was removed from the Consent Calendar for discussion. Vice Mayor Daysog moved approval of the remainder of the Consent Calendar. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*99-591) Minutes of the Special and Regular City Council Meetings held on November 16, 1999. Approved. Regular Meeting Alameda City Council December 7, 1999 (*99-592) Recommendation to accept Annual Report of the Community Improvement Commission. Accepted. (99-593) Recommendation to accept the City of Alameda Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 1999; the Auditor's Report on Agreed Upon Procedures on Compliance with Vehicle Code Section 40200.3 Parking Citation Processing; and the Agreed Upon Procedures Report on Compliance with the Proposition 111 1998-99 Appropriations Limit Increment. Councilmember Kerr commented on awards for the Comprehensive Annual Financial Report; stated the Comprehensive Annual Financial Report states Alameda Power & Telecom's (AP&T's) assets minus liability is over $69 Million; however, a footnote indicates AP&T's share of NCPA's debt is $157 Million; there is an additional $18 Million liability because of the Contract with SIGCORP; inquired whether the actual net worth of AP&T is negative $106 Million. The Finance Director stated the amount disclosed in the footnote is contingent liability; current liability is recorded in the current financials. Councilmember Johnson requested contingent liability be explained. Maria Giannell, Auditor, Maze and Associates, stated accounting rules require disclosure of liabilities which AP&T might have to pay if NCPA were unable to meet debt service requirements, however, there is not a direct liability unless NCPA were to fold; $69 Million is AP&T's current assets; if power facilities operated by NCPA fail to generate enough power to make debt service payments, members, including AP&T, would be called upon to make up differences; the entire amount of the NCPA's debt might not be passed onto AP&T; the debt is not recorded on the financial statements because it is not a direct debt of AP&T; the footnote lets readers know that at some point in time AP&T might be responsible for paying some portion of the debt; the amount [$157 Million] cannot be figured into net worth simply because AP&T might have to make some payments sometime in the future. Councilmember Kerr inquired whether NCPA is currently making enough money to cover the debt, to which Auditor Giannell responded in the affirmative. Councilmember Johnson inquired the amount of AP&T's net worth, to which Auditor Giannell responded $69 Million. Councilmember Johnson moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council December 7, 1999 (*99-594) Recommendation to accept transmittal of Audit Report for Pension Plans 1079 and 1082 for Period Ending June 30, 1999. Accepted. (*99-595) Introduction of Ordinance Approving and Authorizing the Execution of Lease Agreement Between Sprint Spectrum L.P., as Lessee, and the City of Alameda, as Lessor, for the Installation of a Telecommunication Transmission Facility at Fire Station #4. Introduced. (*99-596) Ratified bills in the amount of $1,524,348.65. REGULAR AGENDA ITEMS (99-597) Public Hearing to consider Resolution No. 13160, "Adopting a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Naval Air Station Alameda Replacement Wastewater Interceptor System Project." Adopted; (99-597A) Introduction of Ordinance Approving and Authorizing the Execution of Permanent and Temporary Construction Easements Between East Bay Municipal Utility District, as Grantee, and the City of Alameda, as Grantor, for the Naval Air Station Alameda Replacement Wastewater Interceptor System Project. Introduced; and (99-597B) Introduction of Ordinance Approving and Authorizing the Fourth Amendment to Alameda Gateway Tidelands Lease to Include East Bay Municipal Utility District Sanitary Sewer Easement for the Naval Air Station Alameda Replacement Wastewater Interceptor System Project. Introduced. Mayor Appezzato opened the public portion of the Hearing. There being no speakers, Mayor Appezzato closed the Public Hearing. Councilmember DeWitt moved adoption of the Resolution and introduction of the Ordinances. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. *** Mayor Appezzato called a recess at 8:35 p.m. and reconvened the Regular Meeting at 8:43 p.m. * * * (99-598) Public Hearing to consider an appeal of a Planning Board decision to uphold the Planning Director's Minor Design Review Approval for a second story addition. The site is located at 11 Chilmark Lane. Appellant: Joseph Audelo. Applicants: Brian and Susan Maddock; and Regular Meeting Alameda City Council December 7, 1999 (99-598A) Resolution No. 13161, "Sustaining Approval by the Planning Board of the City of Alameda Upholding Minor Design Review Approval for the Construction of a Second Story Addition at 11 Chilmark Lane, Alameda. Adopted. Mayor Appezzato opened the portion of the Hearing. Opponents Joseph Audelo, Appellant, stated Clipper Cove has its own set of rules: under Section 8.6, any owner proposing to perform work of any kind which requires the prior approval of the Project Architectural Committee shall apply to such Committee for approval by notifying Project Architectural Committee of the nature of work in writing and furnishing information to such Committee as required; the Project Architectural Committee's approval is required; the Committee did not approve the proposal; requested the rules of Clipper Cove be followed; further stated houses in his area do not have homes as close; the Plot Plan of the subdivision indicates his house is closer to another structure [house] than any others in the development; the size of the addition is too much in too small of a space; the edge of his property line is seven feet; the project would create tunnel vision in his backyard. Mayor Appezzato inquired whether Mr. Audelo's home is two story, to which Mr. Audelo responded in the affirmative. Councilmember Kerr inquired the distance of Mr. Audelo's backyard set back between his house and fence, to which Mr. Audelo responded his property line is seven feet and there is a five foot easement. In response to Councilmember Kerr's further inquiry whether the existing side yard of 11 Chilmark Lane is five feet, Mr. Audelo responded in the affirmative. Pat Shepherd, Board Member, Clipper Cove Homeowners' Association, stated the Board voted against the project because of the short space between the houses and felt the project would decrease the value of the Audelo's house; stated Mr. Audelo's sun space would be cut off. Councilmember Kerr inquired whether the Clipper Cove Association is considering placing a moratorium on second stories. Ms. Shepherd responded the Association does not have the authority in its CC&R's to place a moratorium on second stories; however, the Board would like to establish guidelines as to which single story homes can build up without impacting adjoining homes. Mayor Appezzato stated Clipper Cove owners' response to a questionnaire regarding the possible prohibition of second-story Regular Meeting Alameda City Council December 7, 1999 additions was not strong enough for the Board to consider a Planned Development Amendment; attendees at two meetings were against a total prohibition and were not able to agree upon guidelines with design and square footage requirements on second story additions; the matter has been tabled. Ms. Shepherd stated the Board is working on the matter; the flyer sent to homeowners was misstated; the Board is not suggesting all second stories be prohibited; the matter would be addressed case by case. Vice Mayor Daysog inquired whether there are other two story homes which have a similar situation, to which Ms. Shepherd responded all second-story build up has been along the water or Robert Davies Jr. Drive, rather than the internal section of Clipper Cove. Nancy Cytron, Alameda, submitted pictures of the portion of her property which backs up to 11 Chilmark Lane; stated the Maddocks have a small lot which is near the property line on all sides; every surrounding home will be impacted; further stated if all one- story homes are changed to two-stories: 1) the number of people in the area will increase; 2) the quality of life will be lowered; 3) the versatility of the neighborhood would be changed, e.g. there would not be elderly people who do not want stairs and first-time home buyers who can only afford single-story homes; the neighborhood would end up with everybody the same rather than a versatile mix. Proponents Will Harrison, Project Architect, stated the Plans are in compliance with City Ordinances and the Planned Development (PD) for Clipper Cove; two-story homes are permitted in Clipper Cove; there are no restrictions; the guidelines for development are the PD and Zoning Ordinance; the Clipper Cove Board ignored or violated its PD and the Zoning Ordinance; the decision was appealed to the Community Board and was reversed; Ordinances exist to evenly apply rules to everybody; encroachment allows building to within seven feet of the real property line; the Council is being asked to restrict entitlements to benefit the Appellant; a modest second story addition is being proposed; urged Council to uphold the decisions of the Planning Director and Planning Board. Mayor Appezzato inquired the square footage of the addition, to which Mr. Harrison responded six hundred square feet. Brian Maddock, Applicant, stated that he is pursuing a modest addition to his small house; the design is worthy and will improve the neighborhood; the house was built in the recession to provide low-end cost housing in the development; that he intends to stay in the house. Regular Meeting Alameda City Council December 7, 1999 *-u There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. In response to Councilmember Kerr's inquiry, Clipper Cove Board Member Ms. Shepherd stated the Board is currently considering establishment of second story guidelines. Mayor Appezzato inquired whether others are considering second story additions, to which Ms. Shepherd responded in the affirmative. Mayor Appezzato stated six of the eight homes surrounding 11 Chilmark Lane are two-story. Councilmember Johnson inquired whether the Clipper Cove Board was concerned about denying a homeowner rights which others have under current rules. Ms. Shepherd responded this is the first time the issue has arisen; other second story additions have not been on the interior. Councilmember DeWitt inquired whether a variance is required. The Planning Director responded a variance is not required; stated the addition is within the existing property footprint. Councilmember DeWitt inquired whether adjacent property values would be impacted, to which the Planning Director responded other houses near two-story additions have appreciated. The City Attorney stated Council's decision should focus on the City's zoning code provisions. Councilmember Kerr stated the proposed Resolution has findings the Council must make before approving design review: 1) the project will have no significant adverse effects on persons or property in the vicinity; 2) the project will be compatible and harmonious with the design and use of the surrounding properties; and 3) the project will be consistent with the City's Design Review Guidelines; Council has to make said findings to approve the minor design review. Vice Mayor Daysog stated there are four reasons to uphold the Planning Director's minor design review approval for a second story addition: 1) the addition should not impact the neighbor's property value; 2) most of the units in Clipper Cove are two-story; 3) six homes of the eight homes adjacent to 11 Chilmark Lane are two- story; and 4) design review issues should be based on what the neighborhood thinks; there is not consensus in the neighborhood; at two meetings, residents were against a total prohibition of second story additions; the Maddock's [Applicant] should not be penalized Regular Meeting Alameda City Council December 7, 1999 because the house is not in the area where second-story additions have been allowed traditionally. Councilmember Johnson stated Harbor Bay has many two-story homes on small lots; outlined the design review process; stated the process has been thorough and the matter has been given serious consideration at every level; there is always impact on the neighbors; the Association's rules must be applied to everybody to be fair; the project is within rules; the Homeowners' Association can amend its rules; there are not sufficient reasons to find the project has an adverse impact or is inconsistent with the City's Design Review Guidelines. Councilmember Johnson moved adoption of the Resolution. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember Kerr stated second story additions are normally major design review; the homes are very close together; twelve feet from the kitchen area and back windows of the Audelo's house, there will be a twenty-five foot wall; that she cannot make the finding that there would not be any adverse effects on persons or property; the house is zoned PD; however, regular zoning standards require seven foot side yards for two-story buildings; the case is peculiar; that she is not opposed to second story additions at Harbor Bay Isle; the Homeowners' Association in the immediate area turned the proposal down; the second story addition would add further encroachment [on the Audelo's property]. Mayor Appezzato stated Clipper Cove is wrestling with the issue of second story additions; however, residents do not want to ban additions at this time; six of the eight homes surrounding the property are two-story; the majority of homes in the development are two-story; hopefully the decision will not impact relationships between the neighbors. On the call for the question, the motion carried by the voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson Appezzato - 4. Noes: Councilmember Kerr - 1. (99-599) Public Hearing to consider Housing and Development Needs and FY 1998-99 Performance Review. Mayor Appezzato opened the public portion of the Hearing. following and Mayor Community Public Speakers: Amber Sanner, Alameda, stated the City is lacking recreational facilities for youth; most recreational activities offered involve the high schools; recreational facilities outside of the school system should be provided to get adolescents off the street and Regular Meeting Alameda City Council December 7, 1999 into a productive atmosphere; more art and drama activities would gain interest of many youth. Justin Harrison, Alameda, HOME Project, stated youth need an area or building specifically designated for their use. Robbie Hanson, HOME Project, stated the gym and swimming pool next to the Skate Park [at Alameda Point] should be opened; the community is lacking in recreation for teens. Nina Quintero, HOME Project, stated youth need to learn business skills; a space for youth businesses, such as a skate shop, movie theater and cafe, should be created. Dexter Simmons, HOME Project, stated entertainment for youth is important; youth would pay for entertainment and said monies would circulate back to the City. Stephanie Young, HOME Project, discussed Home Sweet Home, a youth child care program; stated 1,000 toddlers in Alameda need [day care] slots. Kim Coulthurst, HOME Project Coach, stated there is a huge need to address youth employment, e.g. youth-run businesses, training; schools are not prepared to address workforce preparedness. Vice Mayor Daysog inquired if there was any discussion regarding potential apprenticeship positions in construction trades at Alameda Point. Ms. Coulthurst responded that two meetings were held with trade associations; a pre-apprenticeship program is being considered; and Alameda Point is a perfect place for such a program. Vice Mayor Daysog inquired whether City staff is working with HOME Project on said apprenticeships, to which the City Manager responded an off-agenda report would be provided to the City Council on the matter. Councilmember Kerr commented vocational training is usually provided at the high schools. Ms. Coulthurst stated there are very few [vocational] classes offered; said classes have been severely cut. Councilmember Kerr inquired whether there were any discussions with the School District on the matter. Ms. Coulthurst responded consideration was being given to making the building trades pre-apprenticeship program a vocational education class. Regular Meeting Alameda City Council December 7, 1999 Councilmember Johnson stated there must be programs similar to the AC Transit apprenticeship/internship-type program for high school students; regional agency programs throughout the area should be considered for Alameda students. Ms. Coulthurst responded East Bay Municipal Utility District has an apprenticeship program; transportation is a big issue for students; most of the [regional] agencies offices are in Oakland; matter will be explored. Councilmember Johnson commented permanent workers are hired from apprenticeship programs. Leslie Medine, HOME Project, stated opportunities should be provided for youth and adults to work together; in regard to use of the gym [at Alameda Point], there should be a community process to find out what parents, seniors and youth want, and input provided to the Recreation and Park Department; there should be a community- build process to open the gym; HOME Project has approached the Trades Council to help. Irene Arroyo, BANANAS, Inc., urged Council to continue funding the Alameda Child Care Vendor Program; BANANAS has served diverse families from Northern Alameda County since 1974, and operated child care vendor programs since 1975; subsidized child care is in short supply in the City; Woodstock Child Care Development Center has 216 subsidized slots with approximately 150 families on the waiting list; Alameda College has 105 subsidized slots and a long waiting list; with the new Welfare Reform, low-income working parents will be impacted; since 1985, BANANAS has been administering the Alameda Child Care Vendor Program with CDBG funds; goal is to help low-income working parents become stable and self sufficient. *** Mayor Appezzato explained the purpose for the Hearing. *** Public Speakers (continued) Renee DuBois, Four Bridges Program, stated Four Bridges hopes for Council's continued support; explained the Program's purpose. Audrey Chiang, Board Member, Alameda Multi-Cultural Community Center, stated it is important for the City to continue the support of Alameda's first community center dedicated primarily to celebrating different cultures and meeting the needs of Alameda's diverse communities. Tom Sartwell, Alameda, stated Alameda has grown into a very diverse culture; the establishment of the Multi-Cultural Community Center Regular Meeting Alameda City Council December 7, 1999 *4 rA was needed. Barbara Guenther, Alameda Head Start Program Director, stated affordable child care is needed; children are put at risk when parents cannot afford child care and cannot go to work; primary needs are: 1) affordable care for infants and toddlers, and 2) care during non-traditional hours; quality is the number one factor that effects children in their outcomes in education learning and their outcomes as adults. Councilmember Johnson inquired about Head Start Program funding. Ms. Guenther stated Head Start receives $1.6 Million from a basic grant and expansion grant funding; $336,000 for two (2) full-day full-years, and $300,000 for eight (8) new classrooms at Building 101. Councilmember Johnson inquired how many children were served by the Program. Ms. Guenther responded Program funding served 199 children, and an additional 40 children with expansion grant funding. Councilmember Johnson inquired whether the Head Start Program will move to Building 101. Ms. Guenther responded Head Start will probably not move all of its programs to Building 101; Head Start will consider creating opportunities with multi-funding streams, e.g. partnerships, mixing public and private [funds]; Head Start wants to meet the needs of the community; Head Start is not in competition with anyone; the community is not meeting child care needs. Councilmember Johnson inquired when Building 101 could be used. Ms. Guenther responded Building 101 may not be completed in Year 2000; the School District has allowed Head Start to remain at the Woodstock Child Development Center until June 2000; Head Start is in a facility crisis. Bill Smith, Alameda, commented on the matter of transportation. Mayor Appezzato closed the public portion of the Hearing. Deputy City Manager stated the Public Hearing is the beginning of the formal process for next year's CDBG Grant. Councilmember DeWitt moved acceptance of the Staff Report. Councilmember Johnson seconded the motion. Regular Meeting Alameda City Council December 7, 1999 Under discussion, Councilmember DeWitt stated the HOME Project youth are requesting the City to assist with providing a building(s) for youth-arts & drama, entertainment, and businesses, and [use of] the [Alameda Point] Gymnasium, which will not necessarily be a financial impact on the budget. On the call for the question, the motion carried by unanimous voice vote - 5. (99-600) Ordinance No. 2818, "Approving an Addendum to Sublease Between Alameda Reuse and Redevelopment Authority (ARRA) and Bladium, Inc. and Accepting Assignment of Interest in Lease of Building 40 at Alameda Point from ARRA, as Sublessor, and Granting Option to Purchase Building 40 to Bladium, Inc., as Sublessee." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (99-601) Richard Neveln, Alameda, stated Oakland received a Cal Works grant in the amount of $450,000 and now has late night and weekend transit; Alameda should pursue said grants to provide late night and weekend transit. COUNCIL COMMUNICATIONS None. ADJOURNMENT There being no further business before the City Council, Mayor Appezzato adjourned the Regular Meeting at 10:18 p.m. Respectfully submitted, -74- D ane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council December 7, 1999