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1998-03-17 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -MARCH 17, 1998- -6:55 P.M. Mayor Appezzato convened the Special Meeting of the City Council at 7:00 p.m. ROLL CALL PRESENT: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. ABSENT: None. The Special Meeting was adjourned to Closed Session to consider: (98-132) Conference with Legal Counsel - Anticipated litigation, Initiation of litigation pursuant to subdivision (c) of Section 54956.9, Number of Cases: One; and Conference with Labor Negotiator, Agency Negotiator: Personnel Director and Austris Rungis; Employee Organization(s): Alameda Police Officers Association - APOA, United Public Employees Association #790 (Police Technicians) - SEIU. Following the Closed Session, the Special Meeting was reconvened and the Mayor announced that regarding Conf re ce w't e a Counsel - Anticipated Litigation, Council gave instructions to the City Attorney; regarding Conference with Labor Negotiator, Council gave instructions to the City's negotiators. There being no further business before the City Council, Mayor Appezzato adjourned the meeting at 7:30 p.m. Respectfully submitted, 04-a D ne B. Fe sch, C C City Clerk The public notice for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council March 17, 1998 MINUTES OF THE REGULAR CITY COUNCIL M ETING HELD ON TUESDAY- -MARCH 17, 1998- -7:30 P.M. Mayor Appezzato convened the Regular Council Meeting at 7:44 p.m. Vice Mayor DeWitt led the Pledge of Allegiance. Pastor Greg Thomas gave the Invocation. ROLL CALL PRESENT: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. [Note: Mayor Appezzato, due to illness, left the Meeting at 8:25 p.m.] ABSENT: None. AGENDA CHANGES None, PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (98-133) Recognition of Participants in Youth in Government Day, March 17, 1998. Mayor Appezzato read a Proclamation declaring March 17, 1998 Youth in Government Day. (98-134) Presentation by Bill Garvine, Meribee Sweet and Dick Lyons commending the City for efforts extended for the successful Silicon Island Career Expo II Event. [Mayor Appezzato] Mr. Garvine, Ms. Sweet and Mr. Lyons thanked various City officials and staff for support and presented a plaque to the City. CONSENT CALENDAR Mayor Appezzato pulled the Report authorizing Alameda's participation in "America's Promise - the Alliance for Youth" [Paragraph No. 98-136] and the Resolution Authorizing Participation in the Oakland Airport-Community Noise Management Forum [Paragraph No. 98-139] off the Consent Calendar for discussion. Councilmember Lucas moved adoption of the remainder of the Consent Calendar. Regular Meeting Alameda City Council March 17, 1998 Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*98-135) Minutes of the Special and Regular City Council Meetings held on March 3, 1998. Approved. (98-136) Recommendation to authorize Alameda's participation in "America's Promise - the Alliance for Youth" and authorize a Councilmember to attend a conference sponsored by the U.S. Conference of Mayors in Chicago, Illinois on April 26-27, 1998. [Mayor Appezzato] Don Roberts, Alameda, stated the City could face major financial challenges in the years ahead; Council should lead the way in economizing by eliminating junkets like this [attendance of conference]; and urged Council to not approve the expenditure. Vice Mayor DeWitt stated the City formed a youth collaborative to provide programs for teens; the [Alliance for Youth] conference will focus on plans and efforts to keep youth from getting involved with crimes and drugs; the individual selected to attend the conference will present the City's programs and learn about the programs other Cities have implemented; the City Council does not spend money on many conference and if the Mayor does not attend, he [Vice Mayor DeWitt] would like to be selected. Councilmember Lucas stated Alameda's youth is a top concern of the community; the City's programs should be shared at the Conference and she moved the Mayor and Vice Mayor both attend the Conference. Councilmember Daysog stated Alameda has many programs to showcase; and seconded the motion. Under discussion, Councilmember Kerr stated that she would support sending one representative, not two. Mayor Appezzato stated that he would support the nominee [Vice Mayor DeWitt]; that at this point, he was not planning to attend, unless convinced to do so by Vice Mayor DeWitt; it is important that at least one person attend the Conference; that if he does decide to attend, he may pay for the trip out of his pocket so that said trip cannot be criticized or called a junket. Councilmember Lucas clarified that the motion was to send two individuals, and noted motion had been seconded. Gerhard Degemann, Alameda, stated the entire community must be involved with youth programs; the youth conference will provide an opportunity to learn from other communities throughout the United States; and two Councilmembers should be sent because at Regular Meeting Alameda City Council March 17, 1998 conferences, generally, one person cannot attend every session. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. (*98-137) Recommendation to accept Quarterly Sales Tax Report for period ending December 31, 1997 for Sales Transactions in the Third Calendar Quarter (July-September, 1997). Accepted. (*98-138) Recommendation to accept Audit Report for Pension Plans 1079 and 1082 for period ending June 30, 1997. Accepted. (98-139) Resolution No. 12970, "Authorizing Participation in the Oakland Airport-Community Noise Management Forum and Selecting an Elected Official and Alameda Citizen as Representatives to the Forum." Adopted. Mayor Appezzato stated the he received a letter from the Port of Oakland requesting the City to select an elected official and a citizen representative to serve on the Noise Management Forum; requested to be selected as the elected official; and suggested Walt Jacobs be selected as the citizen representative. Vice Mayor DeWitt stated that he is very interested in said matter; and the City must be involved with airport noise management. Mayor Appezzato stated Vice Mayor DeWitt should serve as his [Mayor Appezzato's] alternate; and suggested they [Mayor Appezzato and Vice Mayor DeWitt] both attend Noise Management Forum meetings. Councilmember Lucas moved that Mayor Appezzato represent the City, Vice Mayor DeWitt serve as the Mayor's Alternate, and Walt Jacobs serve as the City's Citizen Representative Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (*98-140) Resolution No. 12971, "Designating City Manager, Public Works Director and Fire Chief as Applicant's Agents for All Filings to the Office of Emergency Services." Adopted. (*98-141) Resolution No. 12972, "Authorizing the Open Market Purchase of Six Marked Police Vehicles Pursuant to Section 3-15 of the Alameda City Charter. [Requires four (4) affirmative votes.] Adopted. (*98-142) Ratified bills in the amount of $1,431,419.81. Regular Meeting Alameda City Council March 17, 1998 REGULAR AGENDA ITEMS (98-143) Resolution No. 12973, "Appointing Julie E. Caldwell as a Member of the Cable TV Advisory Committee." [Member-at-large with a background in business and finance] Adopted. Councilmember Lucas moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Ms. Caldwell with a certificate of appointment. (98-144) Resolution No. 12974, "Appointing James A. Carter as a Member of the Cable TV Advisory Committee." [Member-at-large with expertise in youth and minority interests] Adopted. Councilmember Lucas moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Carter with a certificate of appointment. (98-145) Public Hearing [Bruzzone property] to consider a Proposed Mitigated Negative Declaration, IS-97-5, and approval of Tentative Map, TM-6969, to subdivide an 8.9 acre site into 83 single-family parcels, access streets and a mini-park. The site is designated Medium Density Residential in the Alameda General Plan and is zoned R-4-PD (Neighborhood Residential-Planned Development) and is located at 545 Buena Vista Avenue. Applicant: The DeSilva Group; and (98-145A) Resolution No. 12975, "Adopting a Mitigated Negative Declaration, IS-97-5, and Finding of No Significant Impact with Mitigations Pursuant to the California Environmental Quality Act for a Proposed Development Consisting of 83 Detached Single-Family Dwellings, Private "Mini-Park", Other Open Space and Landscaping, Internal Private Streets and Visitor Parking on an 8.9 Acre Site; and (98-145B) Resolution No. 12976, "Approving Tentative Map, TM-6969, to Subdivide the Parcels to Create 83 Single-Family Lots at 545 Buena Vista Avenue, Alameda." Adopted. Mayor Appezzato stated that he was not feeling well and that he would make a few comments before excusing himself from the remainder of the meeting. He stated that he is in favor of the Project; the Project's design and mitigation measures for low and Regular Meeting Alameda City Council March 17, 1998 moderate income housing will be addressed at a later date; replacing a Victorian with 40 units or converting a single residence into 4 units are real examples of density; the Project meets the requirements of Measure A; lots are small, however, Council has been dedicated to establishing single-family detached homes rather than duplexes, quadroplexes and high-rises; the General Plan calls for 244 units at the Bruzzone site and the Project is for 83 detached homes; mitigation impact fees will be used following the letter of intent of the law; that he will support the establishment of a citizens group to participate in the discussion of the FISC property and East Housing; and the City Manager and Superintendent of Schools should meet to address the issue raised by Steve Campbell [in his letter dated March 16, 1998]. Mayor Appezzato excused himself and turned the meeting over to Vice Mayor DeWitt. Vice Mayor DeWitt opened the public portion of the Hearing. Proponents: Aidan Barry, The DeSilva Group; Ann Bracci, Alameda; Dennis Pagones, Alameda; James Sweeney, Alameda; Nicholas Chung, Trans Pacific National Bank; Bob Brown, Alameda; and Bill Garvine, Alameda Chamber of Commerce. Opponents: Steve Campbell, Alameda; Jeanne Nader, Alameda; Monetha Hatcher, Alameda; Vickie Smith, Alameda; and Patrick Lynch, Alameda. There being no further speakers, Vice Mayor DeWitt closed the public portion of the Hearing. Following Mr. Campbell's comments, the City Attorney explained the two different categories of School Impact fees. Councilmember Kerr stated one of the speakers mentioned the formation of a Project Area Committee [PAC] for East Housing, which will be a redevelopment area; a PAC is a very precise legal term and it can have great power; the City Council at one point determined there would be no need for a PAC, and questioned whether the committee mentioned [earlier] was one with the legal power defined in Redevelopment Law or a local neighborhood group. The City Manager responded the issue had yet to be decided. Regular Meeting Alameda City Council March 17, 1998 Councilmember Kerr noted that a formal PAC was discussed quite extensively at Community Improvement Commission Hearings; it was generally agreed since it was not required, a PAC would not be formed; and if the Commission's prerogative is being reversed, perhaps the Council should be updated. The City Manager responded, at this point in time, it is an idea that has been suggested; no action is being proposed. Councilmember Daysog requested the City Attorney to provide a report on the process by which Alameda Point was identified as a redevelopment area, including steps to establish PACs. The City Attorney responded in the affirmative, and stated that she would confer with Special Counsel Beatty who had addressed said matter. Councilmember Lucas requested staff to report on how said matter fit in with the BRAG Housing Committee, and stated perhaps the committees could be combined. Vice Mayor DeWitt stated the other question raised dealt with the use of the money paid into the Project in lieu of building very low-income housing in the area; the Community Development Director, the City Manager and Staff should report back with information as to how the money would be spent, e.g. where the money will be spent, what type- and cost of unit had been addressed; the people on the West End want to know what is going to happen in regard to the set aside funds. In addition, what can be done to keep the rents from being raised in the apartment units adjacent to the area should be addressed. Councilmember Lucas reviewed a chart of new units of very low income housing created in 1995, 1996 and 1997: a total of 29 units; stated the Community Development Department tries to increase the number of rental units for very low-income persons. Vice Mayor DeWitt stated the Project would be a benefit to the community, and information demonstrating exactly what will be done would be provided. Councilmember Daysog stated it is important to develop the Bruzzone site; the Project means a lot to many people; every housing group should be considered; gentrification, raising [property] values and higher rents are the issues being addressed; the City should be more active in ensuring affordable housing; the City should use the $300,000 in lieu fees for a rental assistance program; and how Project is handled will state how East Housing will be handled. Councilmember Kerr stated the inferiority of the Project is being achieved through the Planned Development Overlay; PD Overlays were Regular Meeting Alameda City Council March 17, 1998 meant to enhance developments above and beyond regular zoning regulations; Project does not appear to have design enhancements; it is a crowded Project; the minimum allowable for front yards is 5 feet, the driveways are not long enough to park a car; the street width is only 20- to 22-feet wide; there will be no parking allowed in the street, and only one half of a space is allowed for guest parking for each unit; sideyards are only 5 feet; total distance between houses will be 10 feet and will not allow much noise abatement; the Project is providing moderate-income units; they [DeSilva Group] wish to pay in-lieu fees for very low income units; the proposed fee is $80,000 per unit; the City cannot build units with $80,000 each and it would be left with a dollar deficit and a quota; the policy of accepting in-lieu fees promotes infill in historic neighborhoods; the Negative Declaration does not address the problem of storm water runoff; new projects should be required to mitigate impacts such as storm water runoff; and that she will not support the Project because it is not the direction in which the City should be moving. Councilmember Lucas stated the land had been left fallow for 40 plus years; it is a blighted area; the front-, side- and backyards could be better; however, if lot size was increased, the price for homes would go up; that middle-income homeownership in Alameda should be encouraged; the price of the homes will be about $243,000; in addition, the area, which is mostly rental housing, will be upgraded; Council has made a commitment to increase homeownership in Alameda, and said Project will do that. Councilmember Lucas moved adoption of Resolution No. 12975, adopting the Mitigated Negative Declaration, IS 97-5, and the Mitigation Monitoring Program attached thereto; approval of the Planned Development PD-97-4, based on the findings and conditions contained in the Resolution; and adoption of Resolution No. 12976, approving Tentative Map 6969, based on the findings and with conditions contained in said Resolution. Councilmember Daysog seconded the motion. Under discussion, Vice Mayor DeWitt inquired about certain environmental impacts. The Planning Director responded that the Project would be required to comply with the hours set for construction; and, in addition, Vector Control staff would be available during construction period. The Planning Director noted the City Engineer's Staff Report includes a recommendation to modify Condition No. 4 of the Tentative Map; said modification addresses the City's desired design of drainage facilities. Councilmember Lucas amended her motion to include the amendment to Regular Meeting Alameda City Council March 17, 1998 Condition No. 4 of the Tentative Map Resolution [pursuant to City Engineer's recommendation dated March 12, 1998]. Councilmember Daysog seconded the amended motion. On the call for the question, the motion carried by voice vote: Ayes: Councilmembers Daysog, DeWitt and Lucas - 3. Noes: Councilmember Kerr - 1. Absent: Mayor Appezzato - 1. (98 -146) Recommendation to accept report regarding Follow -Up Action Items for Warehouse at 1501 Buena Vista Avenue. Councilmember Kerr stated the Staff Report addresses both 1501 Buena Vista Avenue and City -wide issues; that she would like to participate in the discussion of City -wide issues, however, she would be recusing herself from said matter since issues specific to 1501 Buena Vista Avenue are involved. Carol Bernard, Alameda, requested Council to delay acceptance of the [Staff] Report until the neighborhood holds a meeting to review said report; and summarized her concerns regarding the follow -up items in the Report. Councilmember Daysog inquired whether a community meeting could be held before the next Council meeting. Ms. Bernard responded in the affirmative. Carl Halpern, Alameda, stated the seismic strength of the building [at 1501 Buena Vista Avenue], and storage of ammunition and hazardous materials are not sufficiently addressed [in the Staff Report]; materials which cannot travel through Webster Street Tube should not be transported through the residential area on Buena Vista; the ability to stop the transport of nuclear waste should be reviewed; the facility should not be located in a residential neighborhood; a vacant facility at Alameda Point should be considered as an alternate site. Vice Mayor DeWitt stated a community meeting should be held to allow residents in the neighborhood to ask questions of staff. Councilmember Daysog stated the proposed meeting was for neighbors to hold a discussion without staff. Barbara Kerr, President, Northside Association, clarified that Ms. Bernard would like to have a neighborhood meeting to gather comments in response to the [Staff] Report. Councilmember Daysog moved said matter be held over to the first Council Meeting in April [to allow for a neighborhood meeting to review City materials]. Regular Meeting Alameda City Council March 17, 1998 ,„9 Councilmember Lucas seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt and Lucas - 3. Abstentions: Councilmember Kerr - 1. Absent: Mayor Appezzato - 1. (98-147) Ordinance No. 2756 N.S., "Amending the Alameda Municipal Code by Adding a New Section 4-25 (Parking Prohibited in Front Yards and Side Yards of Residentially Zoned Property) to Chapter IV (Offenses and Public Safety). Finally passed. Councilmember Lucas moved final passage of the ordinance. Councilmember Daysog seconded the motion. Councilmember Kerr questioned how the City will verify previously approved parking in frontyards and sideyards. The Planning Director responded the burden of proof is with the City; curbcut records and historic photographs of an area or home would be reviewed; and City must demonstrate good reason in Court. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Kerr and Lucas - 4. Absent: Mayor Appezzato - 1. (98-148) Ordinance No. 2757 N.S., "Reclassifying and Rezoning Certain Property within the City of Alameda, from C-1 (Neighborhood Business District) to R-1-PD (One-Family Residence, Planned Development Combining District) by Amending Ordinance No. 1277, N.S., for that Property Located at 900 Otis Drive." Finally passed. Councilmember Lucas moved final passage. Councilmember Kerr seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Kerr and Lucas - 4. Absent: Mayor Appezzato - 1. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (98-149) Jim Hill, Alameda, stated the speed of traffic has increased by about 20 miles per hour on the main thoroughfares, especially during commute hours; traffic has increased; drivers run red lights, especially on Grand Street at night; commuters speed; there should be bicycle lanes on major thoroughfares to slow down traffic; the Police Department should consider the use of radar during commute hours. (98-150) Gerhard Degemann, President, Historic Alameda High School (HAHS), read a portion of a letter to the Editor of the Alameda Journal Newspaper entitled: "Where is the Plaque?"; Mr. Degemann Regular Meeting Alameda City Council March 17, 1998 stated the Historic Alameda High School Foundation created a Plaque in 1983 to honor veterans who served in the Vietnam and Korean Wars; a dedication ceremony was held on November 11, 1983 in the HAHS lobby honoring students who had lost their lives; and suggested the School District and City Council create an annual Veterans Day program. Mr. Degemann also noted that eagles from two plaques located in the HAHS lobby were stolen during a construction period, and urged anyone having knowledge of the incident to contact either the Police Department or him. COUNCIL COMMUNICATIONS (Communications from Council) (98-151) Councilmember Lucas stated a citizen wrote Mayor Appezzato recently regarding a pitbull that attacked another dog, and she inquired about regulations governing such incidents. The City Attorney responded that the Animal Shelter had a procedure in place, and that Supervising Animal Control Officer Shellette Bass may be addressing said matter. Councilmember Lucas requested that the Animal Control Officer provide Council with an off agenda report on the issue, and she submitted the aforementioned letter to the City Attorney. (98-152) Councilmember Kerr stated if there was any discussion promising citizens a Project Area Committee (PAC), a Community Improvement Commission Meeting should be scheduled to discuss said matter; a PAC would complicate the development or demolition of East Housing. (98-153) Councilmember Daysog stated the Ordinance governing violent dogs should be reviewed as part of the off-agenda report by the Supervising Animal Control Officer. The City Attorney stated the staff report would include options for change. 4' 0 Zdv_ There being no further business, Vice Mayor DeWitt adjourned the meeting at 10:12 p.m. fully submit Fe sch, City Clerk The notice for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council March 17, 1998