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1997-04-01 MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD TUESDAY, APRIL 1, 1997, 6:55 P.M. The meeting was convened at 7:00 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt, and President Appezzato - 5. ABSENT: None. Adjourned to Closed Session to consider: (97-168) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organizations: Alameda City Employees Association International Association of Firefighters, Local 689 - IAFF Announcement of Action Taken in Closed Session: President Appezzato announced that no action was taken in regard to Labor Relations. ADJOURNMENT There being no further business before the Council, President Appezzato adjourned the meeting at 7:05 p.m. Respectfully submitted, D NE B. FELSCH, CMC City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting, Alameda City Council, April 1, 1997 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL TUESDAY, APRIL 1, 1997 The meeting convened at 7:40 p.m. with Mayor Appezzato presiding. Councilmember Kerr led the Pledge of Allegiance. ROLL CALL - PRESENT: ABSENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (97 -169) Proclamation Honoring Jack Capon Day. Virginia Bergstrom, Alameda, stated Franklin School started a marathon in recognition of Mr. Capon for his support of Alameda teachers and students. Mayor Appezzato presented the proclamation to Mr. Capon in appreciation of his years of community service; his development of a district -wide Perceptual Motor Program; his organization of the Special Olympics program; and Mr. Capon's other State and local achievements, accomplishments and talents. Gerald Smith, Representative, State Assemblyman Don Perata's Office, presented Mr. Capon with a Certificate of Recognition. Amber Williams, Representative, State Senator Barbara Lee's Office, presented a Certificate of Recognition. Jack Capon, Alameda, expressed his pleasure in serving the community. Mayor Appezzato stated he does not believe a better example of character can be found. CONSENT CALENDAR Mayor Appezzato announced that certain agenda items were withdrawn from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. Minutes of the Regular City Council Meeting April 1, 1997 (*97-170) Minutes of the Special Meetings of March 4 and March 18, 1997. Approved. (97-171) Report from the Executive Director, Housing Authority, recommending Waiver of Payment In Lieu of Taxes (PILOT) for Fiscal Year 1997-1998. William McCall, Alameda, stated if this tax is to be waived, then the Bureau of Electricity's and the Golf Course's should also be waived; and questioned what that has to do with the City Manager's new budget. The Assistant City Manager stated that the amount is approximately $27,000, and, in exchange, the Housing Authority provides over $150,000 to the City in police services and other leisure-time services. Mr. McCall further stated that he does not like [the action]. Councilmember Lucas moved approval of the staff recommendation. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (97-172) Quarterly Progress Report from Community Development Director on Commercial Recruitment. Neil P. Sweeney, Alameda, recommended the Economic Development News, a publication of the Community Development Department. Councilmember Lucas stated that she requested this item be pulled to commend staff on preparing the report; and to inquire about the status of an Auto Row Study. The Community Development Director explained the Auto Row Study Implementation is being handled by amending the criteria of the advertising program and the commercial broker incentive program, working with Public Works Department on traffic analysis to implement changes in parking and bulb-out of streetscape of Auto Row. In response to Councilmember Lucas's further concerns, the Community Development Director stated that the recruitment of auto dealers and/or accessory businesses is a priority among the commercial recruiter's tasks; noted efforts in advertising include a marketing brochure, professional marketing assistance, and the possibility of agendizing the use of San Francisco as a resource. In response to Councilmember Lucas's question regarding the Minutes of the Regular City Council Meeting April I, 1997 effectiveness of advertising in San Francisco, the Community Development Director stated that the advertising program would focus on the existing historic business districts; that advertising consultants could review San Francisco newspaper resources. Mayor Appezzato suggested that Council be provided an update of the Auto Row Study; that he was on Council when the report was made and there were recommendations Council should review. Councilmember Lucas concurred. Mayor Appezzato stated the City is planning an international trade exposition at the Naval Air Station in conjunction with a local branch bank, the Chamber of Commerce, and outside-of-Alameda agencies which is expected to be highly successful. Councilmember Lucas moved approval of the report. Councilmember Daysog seconded the motion, which carried by unanimous voice vote -5. (97-173) Resolution No. 12859 "Preliminarily Approving Residential Recycling Fees and Ordering Levy and Collection by the County of Alameda Upon the Property Tax Rolls and Providing for Notice of June 3, 1997 Hearing Thereof, and Adopting Local Rules to Govern the Procedures for the Completion, Return, and Tabulation of Majority Protest Ballots." Adopted. William McCall, Sr., stated he does not like the idea of placing the fees on his tax bill and will urge everyone in Alameda to vote "no". Susan McCormack, Alameda, stated she is also against putting the fees on property taxes; believes there could be another form of payment if it is not too late to change. Mayor Appezzato stated for over a year many controversial discussions have been held regarding recycling contracts; he, with Council approval, appointed five citizens to a Committee to make a recommendation to Council on implementation of State mandated recycling requirements; many public meetings were held, which not many people attended; the City's dump closed and recycling materials are sent to other cities which are voicing concerns; the cities of Livermore and Pleasanton, near Altamont Landfill, may be suing shortly--the County is involved--regarding dumping of garbage and recyclables; stated if a recycling program is not implemented, garbage will not be reduced and bills will double or triple in the future; the Committee looked at many vehicles for economical billing; the Committee chose this option to minimize cost; and predicts that if this is done properly, households could probably Minutes of the Regular City Council Meeting April 1, 1997 1 reduce waste from a 32- gallon can to a 20- gallon can causing the bill to go down; if the same size garbage cans are used, the bill will probably go up slightly; Council represents the people, and makes decisions it believes best; this Council thought this was the best option after many public hearings; Proposition 218 allows citizens to vote; if citizens vote no, Council must find an alternative. Councilmember Daysog stated two weeks ago he voted against this measure because at the time he wanted stronger language ensuring that Local 70 would enter into good faith bargaining with San Leandro Recycling; he believes it is important to move forward with recycling, not only because it is State mandated, but because it is the right thing to do for the environment; ultimately, because of Proposition 218, the voter must decide; Council should put it to the voters. Vice Mayor DeWitt stated that two weeks ago the Committee explained a separate bill could be mailed to homes for a dollar or two more; that the option selected was the cheaper method of collection; to answer Ms. McCormack's question, the procedure is set, and the less expensive method was chosen. In response to Vice Mayor DeWitt, the Assistant City Manager agreed that the procedure is set and that the property tax billing method is before Council for a vote. Vice Mayor DeWitt further clarified that the procedure would have to be changed if the ballot issue was defeated. Councilmember Kerr stated that she argued against putting the fees on the property tax bill and still feels it is not the best billing option; that recycling is necessary; she will support the recycling concept and encourages voters to vote their conscience. Mayor Appezzato recognized Councilmember Kerr's concerns, stated he wishes recycling services could free; he is not set on the property tax bill and if there was another option equal in cost, he would support it; if everyone wants to pay one, two, or three dollars more for a different billing system- -then Council serves at their pleasure; [the public] has an opportunity to vote at the ballot box, and should remember that the City must operate on a balanced budget; in the future, there will probably be additional referendums on the ballot to pay for the City services; the property tax bill is the cheapest method of collection; he would be happy to support something else, but the public may not appreciate the higher cost. Council, by consensus, adopted the resolution by unanimous voice vote - 5. Minutes of the Regular City Council Meeting April 1, 1997 ( *97 -174) Resolution No. 12860 "Amending and Restating the ICMA Deferred Compensation Plan in the Form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust for the Strengthening of Benefits to Employees." Adopted. ( *97 -175) Resolution No. 12861 "Amending Resolutions Nos. 10952, 10955, 11519 and 11892 Relating to Improvement Bonds for Marina Village Assessment District No. 84 -3 and 89 -1, Assigning the Right to Purchase Such Improvement Bonds, and Approving Matters and Agreements Relating to the Issuance and Sale of Revenue Bonds by the Alameda Public Financing Authority to Finance the Acquisition of Such Improvement Bonds." Adopted. ( *97 -176) Resolution No 12862 "Authorizing Applications for Grant Funds from Used Oil Recycling Funds Under the Used Oil Recycling Enhancement Act for Fiscal Years 1997 -2000, and Authorizing the Public Works Director to Execute All Required Contracts and Documents." Adopted. ( *97 -177) Ratification of Bills in the amount of $1,680,890.49. Ratified. REGULAR AGENDA ITEMS (97 -178) Public Hearing to consider an Appeal of the Planning Board's Approval of adoption of Mitigated Negative Declaration, IS- 96-13, and approval of Planned Development, PD -96 -3 and Use Permit, UP -96 -36 relating to a proposal to construct a 14,000 + square foot retail building and a 7,500 + square foot retail building on a site located at 1916 Webster Street (southeast corner of Webster Street and Atlantic Avenue) with associated parking and landscaping. Appellant: Edward H. Clark/ Applicant: Brownian Development Company; Resolution No. 12863 "Upholding the Planning Board's Adoption of Mitigated Negative Declaration, IS- 96 -13, for Planned Development PD -96 -3, Use Permit, UP -96 -36 and a Disposition and Development Agreement, for a Project to be Located at 1916 Webster Street (Southeast Corner of Webster Street and Atlantic Avenue) ;" Adopted. Resolution No. 12864 "Upholding the Planning Board's Approval of Planned Development, PD -96 -3, for a Project to be Located at 1916 Webster Street (Southeast Corner of Webster Street and Atlantic Avenue);" Adopted. Resolution No. 12865 "Upholding the Planning Board's Approval of Use Permit, UP- 96 -36, for a Project to be Located at 1916 Webster Street (Southeast Corner of Webster Street and Atlantic Avenue)." Adopted. Mayor Appezzato opened the public portion of the Hearing. Minutes of the Regular City Council Meeting April I, 1997 140 The Planning Director summarized the project; noted that the Planning Board heard the matter at a public hearing and unanimously approved the project; that an Appeal was filed February 25th by Edward Clark; and described the physical location and layout of the project. In response to Councilmember Lucas, the Planning Director stated that there will be 24-hour operation at Walgreen's, an outdoor seating area, and a drive-through pharmacy. Ed Clark, Alameda, Appellant, stated he was present primarily to allow the citizens of Alameda the opportunity to view the project and debate the Planning Board's decision; he requested to speak at the end of the hearing; presented an Alameda Journal news article summing up his views; gave a chronology of events--Mr. Browman approached him several years ago at a WABA meeting, regarding development of the property; later the Community Development Director informed WABA members that Browman Development Company (BDC) would be given exclusive development rights; at which time he expressed his opposition of giving BDC such rights; stated WABA had been looking for an anchor since Lucky's moved; noted Mr. Browman had not found an anchor; noted Patricia StJames, of Trader Joe's Corporate Headquarters, stated Trader Joe's had always been interested in Alameda and had not ruled out this particular site [Webster/Atlantic]; he resigned as President of WABA because he felt opposing the project could pose a conflict of interest; his specific concerns with the Planning Board's decision are conceptual problems with the project and procedural problems with the disclosure by Community Development; he understands there was a liaison committee formed but [the public] was never informed of the results of the meetings, which created a cloud of secrecy around the development; he stated that he knows the Mayor is an advocate of open government and is sure the Mayor would agree that openness is always the best policy; he expressed concern over some Planning Board Members' bias favoring Walgreen's, which was apparent from statements like, "I love Walgreen's", etcetera; he expressed concern over possible detriment to businesses on historic Webster Street and existing business districts; stated it is his opinion, as well others that signed a petition, that Walgreen's sells everything which can be purchased on Webster Street currently; that the principle City entrance location on City-owned land cannibalizes existing pharmacies and super-stores at Marina Village and South Shore which spent millions of dollars to be developed; that the City is subsidizing or providing the land to a development that would cannibalize businesses such as Longs and Payless; a tenant such as a Trader Joe's or it's equivalent would have larger drawing power rather than just cannibalizing from other stores; he believes it is a no-win situation to have Walgreen's in lieu of another business; noted violation of the sign ordinance; expressed his disapproval of the sign program; this project allows an Minutes of the Regular City Council Meeting April 1, 1997 exception to the sign ordinance which other businesses in Alameda must adhere to; he along with other businesses have had to take down signs, but Walgreen's will have their standard industry sign which is exceeds normal sign limits; he does not think it is fair because a major senior citizen housing center is across the street, and [the developer] proposes to build a tower building, lighted 24 hours a day with drive-in, drive-out windows and a large sign in excess of sign ordinance limits. Mayor Appezzato replied that Mr. Clark would have time to speak at the end of the public hearing. Mr. Clark stated he was sorry to go on so long, but there are items that need to be brought up and he would appreciate the opportunity to speak again. Mayor Appezzato stated the same opportunity must be given to the Applicant. In response to Mr. Clark's comments, Mayor Appezzato stated this was not a fast track decision--this was before the Community Improvement Commission in November of 1995; he was unaware there was a "cloud of secrecy" perhaps Mr. Clark can further explain; he will clarify issues related Trader Joe's later [in the meeting]; however, first he will allow Mr. Browman to speak. Darryl Browman, Browman Development Company, Applicant, noted he has been a resident of Alameda for approximately twenty years, the West End of Alameda is a special place to him, and he believes this is a cornerstone project for the redevelopment of Webster; he has worked on the project with the Community Development Department and an Economic Development Commission Subcommittee, appointed to review the project, met with West Alameda Business Association in many discussions in which Mr. Clark was a substantial participant; he submitted a letter (dated 6/4/96) written from his office to Mr. Clark specifying Walgreen's as the anchor tenant and requesting information on other appropriate tenants; stated that, in November 1995, the CIC authorized Community Development to move forward with an exclusive Development Negotiation Agreement with Browman Development Company, which specified Walgreen's was the anchor tenant in the multi-tenant pad building. Mr. Browman stated the site is constrained by a number of easements, and commended staff for working with BDC to accommodate buildings on the project site; he submitted two letters from Trader Joe's: one letter dated July 3, 1996, stated Alameda is not large enough for Trader Joe's, and the second letter dated March 26, 199 stated the Webster/Atlantic site does not meet their current requirements. Minutes of the Regular City Council Meeting April 1, 1997 Mr. Browman addressed each one of the issues raised in the appeal: regarding Planning Board "bias ", the Board reviewed over ninety (90) pages of documentation and exhibits from the Planning Department, listened to over two hours of testimony, and rendered its decision consistent with the decision of Economic Development Commission; the Board determined there are no odor issues; BDC is installing an eight -foot wall around the property and landscaping to provide an odor buffer and EBMUD agreed to install an odor - protection device which should fully eliminate odor; regarding unmitigated traffic impacts on the project, there was an extensive traffic study completed by the City's Engineering Department which stated no significant impacts were identified; the project is contributing fees for future street improvements; he stated that he strongly differs from the Appellant on the issue of the project benefitting Webster Street; he believes the project will be a major catalyst for redevelopment on Webster, and will become the community focal point with its outdoor plaza, patio area, umbrella tables, potted plants and its integration with the linear park the City is planning to develop, and will be a significant enhancement to the gateway of the community; the presence of quality retailers like Walgreen's, Starbucks, Noah's, Togo's will cause interest from other potential tenants to Webster Street; that the independent retail impact study conducted by the City stated this project would be a critical step in Webster Street redevelopment, and would positively impact shopping patterns in the area, the project will generate $75,000 to $80,000 of additional tax revenue for the redevelopment agency, is being funded by private investment without City subsidy, and will be an incentive to retailers to revitalize this area; noted Noah's Bagels has corporate headquarters in Marina Village and Walgreen's has served Alameda residents from its South Shore location; noted businesses and business associations support the project; requested Council deny the Appeal; stated that the CIC approved the project in 1995; $80,000 has since been spent on the project; [BDC] has acted in good faith; he believes there are no grounds for the Appeal. Mayor Appezzato stated he must clear up some misconceptions regarding Trader Joe's; he met with Trader Joe's and invited Councilmember Daysog as it has been his policy to invite a Councilmember along to allow both public representatives to be educated on the matter and to assure [the public]' that the Mayor is not taking unilateral action; the managers of Trader Joe's indicated that they are enthusiastic about the demographics of Alameda; in correspondence they stated locating in Alameda will depend upon the availability of real estate and favorable economics; he had the impression that the Blanding site was Trader Joe's first choice. Mayor Appezzato stated he hopes this kind of controversy does not steer Trader Joe's away from the community; read correspondence Minutes of the Regular City Council Meeting April 1, 1997 from Leroy Watson, Senior Vice President of Trader Joe's; observed that there is still a possibility that Trader Joe's will locate in Alameda, if the economics work; they are probably zeroing in on the Lucky's site, and he has offered to assist their efforts; stated [Trader Joe's] is also looking at other sites in Alameda; if they want review the Atlantic /Webster site, they will certainly be welcome and he will do everything possible to make it happen. Councilmember Lucas stated Attachment 20 indicates that Trader Joe's was never offered anchor space; they were only offered space on Pad A, the accessory building; she would not blame Trader Joe's for not being satisfied with the accessory building; if Trader Joe's reviews the site, they need to be made aware that they should look at it as an anchor site. Mayor Appezzato reiterated that he supports helping Trader Joe's find a location in the City, but [Trader Joe's] will make a business decision; and noted they would draw customers - -it is a successful business. The Planning Director stated Attachment 20 was submitted by Andero Browman at the Planning Board meeting of February 24; she has no knowledge of tenants negotiated by Mr Browan, believes it is an accurate representation of tenant negotiations; she confirmed that Trader Joe's is listed under Pad A category: Ruth Lamb, Alameda, Independence Plaza, submitted 66 signatures of Plaza residents and 20 signatures from Buena Vista Avenue supporting the development. Del Blaylock, Boardmember, Alameda Chamber of Commerce, and Greater Alameda Business Association, they are overwhelmingly in favor of the project; he favors the project and urged Council's support. Carmen Britter, Alameda, stated she lives across the street from proposed project; requested Council to support Ed Clark's appeal and halt the development because other drugstores are in walking distance. Gloria Reilly, Alameda, stated when she would not eat at the site because of sewer odor and does not believe a wall would confine the odor. Michael DeHart, Co- President, West Alameda Business Association, stated Walgreen's was mentioned as anchor tenant when Mr. Browman made his initial presentation; he recalls conversation with Mr. Clark and Mr. Stier afterwards, so there was no cloud of secrecy; the overwhelming majority of WABA, with few exceptions, favor the project; and requested support for progress. Minutes of the Regular City Council Meeting April 1, 1997 144 Reverend Donald Dean Alexander, Alameda, stated Walgreen's will make free deliveries to elderly in area who cannot go out; the project would stimulate business; and requested approval of the project. Josephine Bixler, Alameda, stated she supports the project. Susan McCormack, Alameda, stated she received over a dozen phone calls from seniors asking her to let Council know they want affordable fine dining like Red Lobster, or Black Angus, not bagels, nor do they want a drug store at the entrance to the City. Shirley Nelson, former President West Alameda Business Association, encouraged denial of the appeal. Ken Dorrance, Alameda, stated he believes this project will be good for the West End, and urged Council vote, for the Development. Susan Sparks, Office Manager, Providence Veterinary Clinic, stated the Clinic believes that the proposed development will be a plus for Webster Street. Sheila McElroy, Executive Director, West Alameda Business Association, stated after eighteen months of consultation and deliberation, WABA wholeheartedly supports development of the project, and the tenant mix proposed by Browman. Bob Wood, Chairman, Economic Development Commission, noted it is the Commission's duty to advise [Council] on issues of economic development in the City, and that the Commission recommended that Council accept the retail impact study report and support the Browman project. Douglas Holmes, Alameda, stated he supports development, but the project should be unique to Alameda and there is nothing unique in the franchises; and he believes more time should be spent on the project. William Garvine, Executive Director, Alameda Chamber of Commerce, stated that the Chamber Board of Directors unanimously voted its endorsement of the Browman project; the Chamber will serve any retail business that fears competition to help them thrive; and encouraged Council to deny the Appeal. Chip Erickson, Retail Real Estate Expert, Arroyo & Coates Investment Real Estate Company, urged Council support the project. Marcelline Mahern, Director of Real Estate, Togo's Eateries, Campbell, stated she has been working with Mr. Browman's associate on this project since March of 1996; and urged denial of the Minutes of the Regular City Council Meeting April I, 1997 Appeal. Gabrielle Tierney, Real Estate Manager, Starbucks Coffee, stated she is excited about the project; and urged Council to support the project. Bonny Moore, Alameda, stated she does not support this project although she is in support of development in the area. Vern Morley, Alameda, stated over 1200 signatures were submitted to the Planning Board opposing the project; and he urged [Council] to vote against the project. Richard Roth, Alameda, stated he would like to urge Council to deny the Appeal. * ** Following brief recess, Council reconvened the meeting. * ** Michael Torres, Alameda, suggested moving forward on this site and stated he supports Mr. Browman. Dennis Pagones, Alameda, stated as a business owner and he welcomes the development, and urged Council vote in the project]. difficult resident, favor [of Richard Low, Dolan Foster Enterprises, dba Taco Bell, stated redevelopment needs to be completed now. Bill Schrader, Head of Development, Noah's Bagels, stated their first store in Alameda is booming; Mr. Browman has put together a well - conceived project; and he believes this project will be successful. Mildred B. Holley, Alameda, stated she is against the location of the stores; both Marina Village and Neptune Mall have empty stores. Ken Peterson, Alameda, stated the project is a collection of wrong ideas; he requested clarification on "all private money" when three public agencies are involved; and requested the "wrong" not be allowed. Allen Flock, General Manager, Rosenblum Cellars Winery, stated those at the Winery believe the project proposed by Mr. Browman is very important to the future of Webster Street and all of West Minutes of the Regular City Council Meeting April 1, 1997 Alameda; and encouraged Council to vote for the project. Cliff Maderia, Alameda, stated more businesses are needed; the project is good and deserves Council support. Susan Jeffries, President, Greater Alameda Business Association, stated at a meeting on March 7th, GABA vigorously discussed the project, and asked her to express to Council that they support the project. Clare Shannon, Alameda, Independence Plaza, stated West End residents were not asked what kind of stores should be included in the project; she wants the people to have what they need e.g., a good restaurant, Trader Joe's, a bookstore, a bakery, or maybe an art gallery. Lilia A. Acebo, Alameda, resident of Independence Plaza, stated she is not alone in her opposition to the project, other resident members feel as she does. Richard Lyons, Director, Alameda Chamber of Commerce, stated the main objection to the project seems to be Walgreen's and possible competition; competition is a fact of business life; he recommends the project be approved on its merits which are many. Gary Thomas, President, Planning Board, addressed the Appeal, stating 1) the "bias" of Planning Board toward Walgreen's: the Board listened to public input for over two hours on 100 pages of documentation, everyone spoke their piece without discourtesy or abuse; the Board's charge is to determine whether a project is appropriately zoned with the General Plan zoning for site; 2) the violation of sign ordinance: a special sign ordinance is in place for Marina Village, Harbor Bay Landing, Fernside, for auto street merchants; it is not unusual that a Planned Development special sign program be done for a project and that was approved that evening; 3) possible detriment to the environment due to sewage odor: EBMUD representative attended Planning Board Meeting and put into the public record that many of their pumping stations have potential for odor and that they will fix any potential problems - copies of the letter are in the meeting. packet; 4) environmental impact mitigation on traffic: an extensive traffic study was done with adequate mitigation indicated for/and monies for, traffic signals, turns, and the like; 5) inappropriate for area planned development: other planned developments in area include Marina Village, Riding Company; the area is very complicated, with easements by rail company, EBMUD, ownership by the rail company; to put together a project in the area it almost had to be a Planned Development regardless of who tenants were; Mr. Thomas stated those were the items of Appeal; he believes the key thing this evening is that he has heard little in the public input on those items which Minutes of the Regular City Council Meeting April 1, 1997 is what he understands Council will be voting on this evening and he is sure Council will take into account the item of Appeal which are different from a lot of the input e.g. whether it should be Walgreen's, Trader Joe's, or whether it should be there at all. Stuart Gruendl, Executive Vice President, S&K Realty Group, Four Embarcadero Center, San Francisco, stated his firm invests approximately $100,000,000 a year in high-end institutional-quality projects; they have been waiting for revitalization to occur on Webster and believe it is already occurring. Tom Biagini, Santa Clara, stated he believes the project will be a great benefit, a first step toward revitalizing Webster Street. Rosalinda Fortuna, Business Owner, Alameda, stated she has been doing business at 635 Central Avenue for approximately 16 years, and has seen a positive impact from Neptune Plaza; she has mixed feelings but believes the new development will have a more positive effect than negative; she would like to see a monument sign with "Welcome to Webster" on the corner to be provided by the Browman Company. Andrew McCormack, Alameda, stated he is in favor of the project because it will attract customers. Matt Stier, Alameda, stated he disagrees with Kaiser-Marsden's feasibility study's conclusion that there would not be significant negative impact on existing businesses and that the City would be provided substantial tax money; does not disagree with improving Webster Street; feels Community Development has done things quietly and in the future, merchants and residents of broader impacted area should be notified earlier in the process. Ed Clark, Alameda, Appellant, stated he would like to say more about this, but he has been threatened by loss of his business if he does, so he will not say more. Darryl Browman, Alameda, Applicant, stated Noah's has approximately 200 signatures in support of the project; he cannot address Mr. Clark's last comment, because he has not had correspondence with Mr. Clark regarding issues; staff is working with WABA to see that the project will be given a name like "Webster Place" or "Webster Square" to show it is a part of Webster Street; staff provided a memo with amended conditions and if Council denies-the Appeal, he requested these changes be incorporated in the project approval. * * * Mayor Appezzato called a Council recess at 10:50 p.m. and reconvened the meeting at 10:56 p.m. Minutes of the Regular City Council Meeting April 1, 1997 Mayor Appezzato stated on November 7, 1995, Council sat as the Community Improvement Commission, and voted unanimously to go forward on this project; that if Council was going to stop it, that was the time to do it; that Mr. Browman has spent a great deal of money in good faith; if Council did not go forward, the area would remain blighted and Council would be criticized for not going forward; if Council allowed development, the City would be criticized for showing lack of concern for businesses on Webster Street; after a previous public hearing he was in contact with Trader Joe's and there is a good chance they will come to some Alameda site. Councilmember Daysog stated it is clear that everyone present wants what is best for the community including Mr. Browman and Mr. Clark; he is in favor of moving the proposal forward; the development's design integrates the project with Marina Village, College of Alameda and the rest of Webster Street, and will provide for the revitalization of Webster Street; the revitalization of Rockridge and Piedmont Avenue did not occur because of one development but began with one move. Mayor Appezzato noted that with Proposition 218, it will be difficult to raise taxes and fees; it becomes imperative for Council and staff to increase other revenue; sales taxes will become very important to the health of the City; this area has been a blight for years. Vice Mayor DeWitt stated the Appeal has six items on which Council must base its opinions, and he supports the Planning Board's decisions on five items; he disagrees with the impacts on existing businesses; believes this will have some negative affect on businesses in the area; he supports the Planning Board decision; noted that Mr. Clark is an outstanding citizen; he questioned whether or not public monies or land are being given, donated or provided to this project. The Community Development Director responded stating the structures, sales or transfers which will be presented to the Community Improvement Commission are described in a Disposition and Development Agreement; staff will advertise the meeting date and the document will be available for public review and discussion; the properties have been appraised and each entity will receive the property value documented in the appraisal. Vice Mayor DeWitt questioned the impact on other businesses; the businesses on Webster Street have street parking, while the mall has free parking, placing existing businesses at a disadvantage; and requested a future discussion on removing the parking meters or Minutes of the Regular City Council Meeting April 1, 1997 providing parking alternatives for merchants on Webster Street. Councilmember Kerr stated one of the things bothering her about Alameda is the lack of planning or recognition of our natural resources, particularly, with gateway projects; the entrance to the Park Street Bridge was promised to be glorious and she believes there is nothing uglier than the tower erected; at South Shore the backs of the buildings point toward one of the most beautiful views available anywhere; this project looks very similar to the Marina Village Shopping Center, an ugly building with a metal roof; stated long before the Appeal, she asked Mr. Browman how such ugly structures could be duplicated and placed at a gateway project, and he said City staff thought this would integrate the project with Marina Village; the shopping center is over a mile away; she strongly objects to this gateway presentation because Independence Plaza and the College of Alameda made good progress to the gateway; noted fast foods on Webster Street hide parking behind the buildings, and the project should be up to the standards of those places; she will not vote to deny the Appeal because she thinks the current architecture of the project will be just as detrimental as the "awful thing" on the right side of the Park Street Bridge entrance to the city. Councilmember Lucas stated she agrees with Councilmember Kerr; she voted for Park Street Landing with a beautiful clock tower and bustling with arts and crafts; it has been empty at times and is not an asset to Park Street; she feels a higher standard should be set; that Walgreen's will not do; it is an auto-oriented mall that has five huge entrances and two 24-hour drive-through lanes which interfere with pedestrian use of the sidewalk; she would support Walgreen's if it had better architecture with orientation to the City, but she will not support a 24-hour business with two drive- through lanes; that a quiet residential community is what is desired; she does not want the name "Alameda" on the signs implying it is City-sponsored; when the project was first proposed, the economic situation in California was disastrous; she believes economic recovery seems to have developers interested in the City and there is an obligation to set high standards; stated franchises can have good architecture; this project must not be made into a cookie-cutter mall project; she will not support it. Mayor Appezzato noted that Noah's, South Shore, is doing well; that Noah's and Starbucks are drawing consumers into the shopping center and revitalizing it; he presumes that this will also be successful at the other end of town; the Chamber of Commerce, all the business associations, and 66 residents from Independence Plaza support this project; he will not vote to uphold the Appeal for all the reasons listed above and for consistency; Council sent a message in November of 1995. Minutes of the Regular City Council Meeting April 1, 1997 15 Vice Mayor DeWitt moved that Council support the Planning Board's recommendation. Mayor Appezzato clarified with the Planning Director that the motion includes the conditions provided in the supplement. Councilmember Kerr questioned Condition 1(c)(v), relating to the Planned Development; stated that it is not a condition, it is a change. Vice Mayor DeWitt stated Councilmember Lucas brought up questions about the design of the buildings and inquired if there was coordination with Community Development, Planning Department and citizens to see if drawings are acceptable. Mr. Browman stated they have been working with the Community Development Department, Economic Development, and West Alameda Business Association; and about 30 or 40 different sketches showing different elevations were prepared to incorporate the architectural designs desired by these groups. Councilmember Daysog clarified with the Planning Director that the matter will come before Council again; and the current motion is just regarding the Appeal. Mayor Appezzato noted a yes vote means the P is upheld, and denies the Appeal. anning Board decision A roll call vote was taken by the City Clerk: Daysog - Yes; DeWitt - Yes; Kerr - No; Lucas - No; Pres. Appezzato - Yes. [3 -2 for denial] Mayor Appezzato stated the Appeal was denied. Councilmember Kerr stated when Business Association representatives speak before Council, they should indicate whether or not they are representing the Board, because she is a member of one of the associations and was never approached on the issue. Mayor Appezzato requested that Mr. Garvine determine if, in fact, all of the Boards and organizations support this project. Mr. Garvine agreed to do so. (97 -179) Resolution No. 12867 "Approving Revised Memorandum of Understanding and Salary Resolution Between Alameda City Employees Association and the City of Alameda for the Period Commencing October 1, 1996, and ending September 30, 2001." Adopted. Councilmember Lucas moved adoption of the Resolution. Minutes of the Regular City Council Meeting April 1, 1997 Councilmember Kerr seconded the motion. Under discussion, Mayor Appezzato stated it is a fair agreement and complimented the ACEA. The motion carried by unanimous voice vote - 5. (97-180) Public Hearing to consider a Proposed Amendment Section 13-25.1(b) of Article VIII (Numbering of Buildings), Chapter XIII (Building and Housing) to provide New Policies and Procedures for Numbering Avenues and Courts running in the easterly and westerly direction west of Main Street; Introduction of Ordinance Amending the Alameda Municipal Code by Amending Section 13-25.1(b) of Article VIII (Numbering of Buildings), Chapter XIII (Building and Housing) and Adding Section 13-25.1(f) to Provide New Policies and Procedures for Numbering Avenues and Courts Running in the Easterly and Westerly Direction West of Main Street. (Urgency Measure under Section 3-12 of the City Charter; requires four affirmative votes); Introduced. (97-181) Resolution No. 12866 "Amending Resolution No. 10037 to Establish an Exemption from the City of Alameda Street Naming Policy for Alameda Point, and Taking Action to Name the Streets at Alameda Point." Adopted. Diane Lichtenstein, representing BRAG and the Street Naming Committee for Alameda Point, stated this significant issue has long-term implications; only the lettered and numbered streets would be renamed. [She distributed a sheet explaining criteria used by the Committee.] She requested consideration of certain changes in Attachment A: 1) to remove name Red Sails Drive and rename it Ferry Harbor 2) important names such as, Carl Vinson and Enterprise (Naval aircraft carrier names), are represented by small streets; she requested replacing Avenue M with "Carl Vinson Street"; noted changing the name of a street is costly but the name is very important in the history of Alameda. Mayor Appezzato queried, if the list of names has not been agreed to, why has it been brought to Council. Ms. Lichtenstein, stated the Committee found there were time constraints, so staff short-cut in the best way forward. Replying to Mayor Appezzato's question, Ms. Lichtenstien stated she was not aware of certain information until today. Mayor Appezzato stated the Committee has done a good job, but Council must move tonight. Minutes of the Regular City Council Meeting April 1, 1997 Councilmember Kerr inquired why there is a deadline tonight, and Ms. Lichtenstien stated the names are needed for mail service and emergency response information. Discussion ensued regarding opportunity to move forward. Vice Mayor DeWitt proposed moving forward on the names provided, and take up the items in question at another time. Councilmember Lucas agreed, stating the names could be moved with the exception of changing Red Sails to Ferry Harbor. Vice Mayor DeWitt moved Council approve the Planning Board's recommendation on street names, with the exception of the Fifth street name: Red Sails, and that another name, Ferry Harbor, be provided for that section. Ms. Lichtenstein recommended the Committee continue working with the community, and allow other names to be submitted with more input. Vice Mayor DeWitt noted the matter concerning the Carl Vinson and other names can come back later. Ms. Lichtenstein commended other Committee members. William McCall stated he has not seen the list of names, he likes using the names of carriers and the commanding officers. Barbara Baack, Alameda, Committee member, stated it has been a pleasure to serve on the task force for the street naming of NAS streets, and the intent was to retain the character of the neighborhood by using names important to the West End of Alameda. Mayor Appezzato commended the Committee. Gary Thomas, Planning Board Member, stated they received the list on short notice, and there were disagreements; the list was formulated after compromises were reached in a public hearing; there was no time to send list back to the Historical Advisory Board, and the HAB should review four names; there will be opportunity for other names on NAS and FISC areas. Mayor Appezzato inquired if motion could request that the list return to HAB for review the address concerns expressed by Ms. Lichtenstein and Mr. Thomas; and if the first portion of Pan Am could be called Pan Am Way and the second portion will be named Ferry Harbor. Vice Mayor DeWitt so agreed. Minutes of the Regular City Council Meeting April 1, 1997 The motion was carried by unanimous voice vote 5. * * * Vice Mayor DeWitt moved to go forward with the agenda. Councilmember Kerr seconded the motion which carried by unanimous voice vote - 5. (97 -182) Status Report from Public Works Director on Existing Amnesty Program for Determining the Number of Legal Dwelling Units in Structures and Discussion Regarding Creation of a New Program to Encourage Voluntary Legalization of Undocumented Construction Work. Susan McCormack, Alameda, stated that this is a step in the right direction; she thinks waiving penalties or reducing fees may increase inspections work. Mayor Appezzato stated the recommendation is to set up a committee to work on all concerns, and to put people from, e.g., the real estate and building communities, to represent every aspect of the community. Councilmember Kerr stated that representatives of homeowners' associations should serve on the Committee. Mayor Appezzato agreed, and stated the last committee had homeowners on it. Councilmember Kerr stated she has some concerns she would like the committee to address. Mayor Appezzato stated he appreciates the staff's comments that Council establish a committee; that Linda Larkin, who requested the matter be addressed, should serve on the committee. Vice Mayor DeWitt moved the recommendation. Councilmember Lucas seconded the motion. Under discussion, Mayor Appezzato stated Council should give the Committee a charge; staff should provide recommendations to Council; and the Committee should consist of 5 to 7 members, including contractors, real estate representatives and property owners. The motion carried by unanimous voice vote - 5. (97 -183) Report from Public Works Director recommending Authorization to Conditionally Accept the Work of Gonsalves & Minutes of the Regular City Council Meeting April 1, 1997 154 Stronck for the Hardball Facility at College of Alameda Project, No. P.W. 02- 95 -04; and authorizing the City Manager to execute a Maintenance Agreement with the Peralta Community College District; and Report from Manager, Recreation and Park Department, regarding the Hardball Facility Maintenance Agreement. Held Over. The Assistant City Manager stated that new information has been received from Peralta Colleges that has not been assessed and said matter should return to Council at a later time. Mayor Appezzato stated the only portion of this item to move would be the acceptance of the facility. Councilmember Lucas moved acceptance of the recommendation [to conditionally accept the work of Gonsalves & Stronck]. Mayor Appezzato stated he would like to accept this in honor of Earl Peacock who was going to speak tonight on the matter. Vice Mayor DeWitt seconded the motion. Councilmember Daysog stated he had a question on the lumpiness of the field, which will cost approximately $22,000; and inquired what is the source of that money. In response to Councilmember Daysog's concern over the $22,000 in funding, the Public Works Director stated the project can be funded as a maintenance procedure, the other items of higher cost were for hydroseeding for additional grass areas which have been taken out of the contract; the lumpiness is $5900, as noted on Page 2, paragraph 2. The motion carried by unanimous voice vote - 5. (97 -184) Written Communication from Thomas M. O'Leary, Mayor of Covina, urging the City Council to support SB 1310. Susan McCormack, Alameda, urged Council to support the Bill; additional sales tax for the community could provide the Library, help fund the public safety efforts, and provide funds for park facilities. Councilmember Lucas stated she agrees that this Bill would be beneficial, if the cities could raise one percent of the sales tax; of course, the taxpayers would have to vote for it, and at the same time, State tax could be reduced by one percent, as a balance for taxpayers. Minutes of the Regular City Council Meeting April 1, 1997 Councilmember Lucas moved support. Councilmember Kerr seconded the motion. Councilmember Kerr stated she likes the idea of reducing the State sales tax by one percent and receiving that money for [local] purposes. Mayor Appezzato noted Councilmember Lucas is a representative to the League of California Cities. Councilmember Daysog pointed out that states such as New Jersey have only one percent sales tax as opposed to California's eight and a quarter. Mayor Appezzato inquired if he had been to New Jersey lately. The motion carried by unanimous voice vote 5. ORAL COMMUNICATIONS (97 -185) Susan McCormack, Alameda, announced that the Historical Advisory Board would be voting April 3rd on whether the City wants to form a committee for the California Sesquicentennial; and although 1% [of State Sales Tax] may be taken from the State [SB 1310], State revenues could be increased by Sesquicentennial. (97 -186) William McCall, Alameda, stated that for one and one -half years it has been like a war zone between Park Street and High Street Bridge; Tilden Way is smoother now than before; Broadway is like a roller coaster; Otis Drive is a disaster; he does not know who will pay for damages, especially around Krusi Park; the City owns that piece of property; he would like to show the City Manager the end of Peach Street, a construction project yard; and he understands the repaving work will not take place until everything has been done, because it is cheaper that way. Mayor Appezzato requested a status report on current construction projects. COUNCIL COMMUNICATIONS (97 -187) Councilmember Lucas stated that the Finance Director is President of Municipal Finance Officers Association in California, which is a tribute to Alameda. (97 -188) Councilmember Lucas stated that the City of Oakland gives preference to job applicants who are local residents; the City should look at giving preference to Alameda residents; and requested a report on whether it is possible to reward current Minutes of the Regular City Council Meeting April 1, 1997 )6 resident employees with either an extra day off or some other incentive, to encourage staff to reside in Alameda. (97-189) Councilmember Kerr thanked the Planning Board for their recent Saturday session on the new Development Code. (97-190) Councilmember Daysog stated that he supports Councilmember Lucas's suggestion regarding preference for local hiring, and requested that the staff report include post-Naval Air Station employees. (97-191) Mayor Appezzato read a report by the Chief of Police, dated March 24, 1997, Home Invasion Robberies, and commended Police Department. ADJOURNMENT There being no further business before the City Council, Mayor Appezzato adjourned the meeting at 12:20 a.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes of the Regular City Council Meeting April 1, 1997