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1996-11-04 Minutes291 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL NOVEMBER 4, 1996 The meeting was convened at 6:55 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. ABSENT: None. Adjournment to Closed Session to consider: (96-588) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9. Number of Cases: Two. (96-589) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Fire Chief Employee Organization: International Association of Firefighters - Local 689 - IAFF Following the closed Session, the Special Meeting reconvened and President Appezzato announced that regarding Anticipated Litigation, City Council obtained a briefing on two cases, and no action was taken. President Appezzato announced that regarding Conference with Labor Negotiator, City Council gave instructions to the City's negotiator. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the meeting at 7:04 p.m. Respectfully submitted, IANE B. FELSCH, C C City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting Alameda City Council Closed Session November 4, 1996 SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 4, 1996 The meeting convened at 7:55 p.m. with Mayor Ralph Appezzato presiding. Councilman Arnerich led the Pledge of Allegiance. Reverend David Nederhood gave the Invocation. Mayor Appezzato announced that the report recommending denial of a fee waiver request by Allen Michaan of Renaissance Rialto, Inc. for Alameda Theatre Restoration Project will be held over at the request of the Applicant. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. ABSENT: None. SPECIAL ORDERS OF THE DAY None CONSENT CALENDAR Councilmember Lucas moved approval of the Consent Calendar. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. (*96-590) Minutes of the Special and Regular City Council Meetings of October 15, 1996. Approved (*96-591) Report from Interim City Manager recommending authorization for Councilmember(s) attendance at the National League of Cities Conference, San Antonio, Texas, December 7 to December 10, 1996 and Associated Expenses. (Councilmember Lucas) Accepted. (*96-592) Report from Finance Director transmitting Quarterly Financial Report for period ending September 30, 1996. Accepted. (*96-593) Report from Public Works Director on Joint Purchase of Three-Wheel Mechanical Street Sweeper with High Dump. Accepted. Special Meeting Alameda City Council November 4, 1996 2 3 (*96-594) Resolution No. 12831 "Approving Parcel Map, PM-6994, for Property at 2327/2331/2333 Lincoln Avenue, 1605-1623 Park Street, 2338 Pacific Avenue, and Waiver of Underground Utility Requirement, for Jesse Justin Trust." Adopted. (*96-595) Resolution No. 12832 "Approving Parcel Map, PM-6895, for Property at 1312 and 1318 Lincoln Avenue." Adopted. (*96-596) Resolution No. 12833 "Authorizing Execution of Program Supplement Number 016 to Local Agency-State Agreement Number 04- 5014 for Tilden Way Street Improvements." Adopted. (*96-597) Ratification of Bills in the amount of $2,850,337.85. REGULAR AGENDA ITEMS (96-598) Resolution No. 12834 "Appointing Douglas DeHaan as a Member of the City Economic Development Commission." (Community-At- Large). Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office. Mr. DeHaan thanked the City Council for the opportunity to serve on the Commission. (96-599) Resolution No. 12835 "Appointing Francis J. Matarrese as a Member of the City Economic Development Commission." (Manufacturing/Industrial/Marine related expertise). Adopted. Councilmember Lucas moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office. Mr. Matarrese thanked the City Council for the vote of confidence and introduced members of his family. (96-600) Report from Public Works Director recommending authorization to enter into an Agreement with the Bureau of Electricity for a loan to fund four series circuit streetlight projects. (Continued from the October 15, 1996 Council Meeting). Mayor Appezzato stated that borrowing money from the Bureau of Special Meeting Alameda City Council November 4, 1996 204 Electricity makes sense, but paying an interest rate concerns him since both the City government and Bureau are owned by the people; that the City Charter states "to make an original construction of and any improvement to any utility under the control and management of the [Public Utilities] Board and to do and perform any work for the City or any board thereof at cost"; that Council should follow Article XII [of the City Charter]; and Council should approve the loan agreement without a 3% interest rate and save the City $144,000 in interest expense. Councilman Arnerich stated that Council should approve the concept, in general; and refer the interest-rate matter to the Board. The City Attorney stated that Council could direct her to amend Paragraph 4 of the Agreement to state that interest shall not be charged on the loan, and to clarify that each contract entered into by the Bureau on behalf of the Project will be authorized by the Public Works Director. In response to Councilman Arnerich's inquiry regarding the Bureau's source of funds for the project, Assistant General Manager of Bureau Operations Cliff Hubbard stated that the funds came out of the Bureau's Rates Stabilization Fund--a reserves fund; that the Bureau would be getting 5.8% interest on the money, and Bureau believes 3% is fair because of the savings in labor costs; and he will take Council's position to the Public Utilities Board. Councilmember Lucas moved approval of the Public Works Director's recommendation and that the Public Utilities Board be requested to waive the interest on the loan. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-601) Report from Planning Director recommending denial of a fee waiver request by Allen Michaan of Renaissance Rialto, Inc. for Alameda Theatre Restoration Project. Mayor Appezzato stated that the Applicant requested the matter be held over. (96-602) Report from Planning Director recommending denial of a fee waiver request by Prince and Kathryn Robinson, on behalf of Dorothy Williams, and Barbara and Ben Luttringer, for Appeal of Variance for 1907 Eagle Avenue. Kathryn Robinson, Alameda, stated that the basis for the fee waiver request is the Planning Board made an error in their judgement by approving the expansion of the 1907 Eagle Avenue Project; the lot sizes are very small in the area and over building is a problem; Special Meeting Alameda City Council November 4, 1996 that under the circumstances, and trying to protect their rights as property owners, they were forced into the Appeal process; the City Council overruled the Planning Board's erroneous decision, therefore the financial burden should be the responsibility of the Planning Department. Lee Harris, Planning Board Member, stated that when the matter was before the Planning Board, there was no presentation from the Applicants and the Board did not take any position; as the previous speaker mentioned, the City Council saw fit to reverse the Planning Board [position] on the underlying appeal; the Planning Board made its decision on the underlying appeal based upon the information that was presented; the appeal process allows for additional information and a review process, and the City Council did what it felt best; therefore, the Planning Board did not take any position on this appeal. Lee Harris further stated that changes were approved at the last Planning Board meeting which deal with the whole appeal process, as set out in the staff report; and hopefully [the proposed] changes will save a lot of staff and applicants' time. Barbara Kerr, Alameda, stated that the expense of appealing can be quite hard on senior citizens on fixed incomes; there are a lot of expenses above and beyond the appeal fee when something like this happens; in this particular project, there was room within the current legal setbacks to add the room without impinging on their neighbors; and that the spirit of appeal fees has changed, and she hopes that this will be looked at in the newest philosophy at the Planning Board level. President Appezzato stated that he was concerned the Planning Board sent this request to the City Council without a recommendation; the Planning Board's conclusion that there is a duplication of effort in bringing fee waiver requests before the Planning Board and the City Council may be true, but practically every issue considered by every board and commission could be considered a duplication of effort since the City Council is the final decision-making body in the City for practically every issue; that failure of a board or commission to take action because a citizen has the right to appeal, or failure to hear an appeal because the City Council has final authority, is not a good excuse for not taking action or making a recommendation; the City Council appoints members of boards and commissions to give advice, and hopefully to make recommendations on how to proceed in the many issues that come before Council; no board or commission should feel their worth is diminished because the City Council does not agree with them on every issue; members of boards and commissions should carefully evaluate their actions when they make recommendations, and before they make a public issue of it in their own forum; and if a board Special Meeting Alameda City Council November 4, 1996 236 or commission finds a regulation they believe needs to be changed for the betterment of the City and citizens, there is a process. Councilmember DeWitt stated that the fee waiver requirements are met, and he will move [approval] of the fee waiver. Councilman Arnerich seconded the motion. Under discussion, Councilman Arnerich stated that people are entitled to appeal to the City Council, boards and commissions are advisory, and he is glad that the Planning Board is working on the appeal process. Under discussion, Councilmember Lucas stated that there is an issue of whether the Applicant or Appellant is unable to afford the fees; that out of the five people who are appealing and requesting a fee waiver, two appear to be on fixed incomes and the other three are rental property owners; and there is no evidence that they are unable to afford the fees. Councilmember Lucas further stated that she is concerned government is being deprived of funds; that the majority of the people are not on fixed incomes; and she does not see a justification for granting the fee waiver, and she will not support the motion. President Appezzato stated, the requirement that a fee waiver be in the public's interest can be made; the major difference in this case is that the parties requesting the fee waiver are not the original applicant; the applicants for the fee waiver appealed the original decision; they believed the decision was not in their interest or the public's interest, and the majority of the Council concurred; since the City Council agreed with the appellant that the project was not in the best interest of the community, then it should follow that the waiver of the fee is in the public interest; that should be the policy; and he will support the fee waiver. On the call for the question, the motion carried by the following voice vote - Ayes: Councilmembers Arnerich, DeWitt and President Appezzato - 3. Noes: Councilmember Lucas - 1. Abstentions: None. Absent: None. (96-603) Report from Planning Director regarding request for fee waiver by 1-ling Cheung, for an Appeal to the Planning Board, and for Major Design Review for a new Design Review Application. (1096 Park Avenue). Accepted. Lee Harris, Planning Board Member, stated that he hopes there was never an impression that anyone on the Planning Board did not want to have City Council review; in fact, in some cases, the Board would encourage City Council review and decision on these issues; Special Meeting Alameda City Council November 4, 1996 237 and in respect to the Planning Board's upcoming proposal, the Board has struggled with the issue, as the Council has discussed, regarding fee waivers when a party prevails. Planning Board Member Harris further stated that the underlying matter concerning 1096 Park Avenue dealt with an application for infill; the Planning Board worked extensively with the Applicant in giving suggestions on how to possibly develop the property without running into the concerns that the neighbors and the community have had about degrading the neighborhood; the Planning Board has tried to offer itself and its services in the hearing process in explaining some of the concerns about putting a larger property in the back when you have a smaller property in the front, and so forth; unfortunately, the situation was not able to be resolved and when the matter came up, the Board was unable to approve the underlying application; the Applicant then requested a waiver of the fee; the basis for the request was that there had been a previous application that had been approved in a time lapse that occurred, and but for that, the Applicant felt that his project could have been built; unfortunately, the Board had to consider what was before them and whether that project, as presented, met the requirements; the Board decided that it did not; in reviewing the fee waiver request, the Board felt that the Applicant did not meet the requirements that the Council had set forth for fee waiver, which includes the hardship and other aspects; and the Board made the recommendation to the Council that it could not make the findings necessary to grant a fee waiver. Councilmember Lucas stated that a fee waiver in this case is not justified, because there is no economic need; and she moves that Council deny the waiver. Councilman Arnerich seconded the motion. Under discussion, Mayor Appezzato stated he appreciates that the Planning Board made a recommendation in this case, and a fee waiver would not be in the public interest. On the call for the question, the motion to deny the fee waiver carried by unanimous voice vote - 4. (96-604) Report from Finance Director regarding Unfunded Capital Projects and Proposed Financing Plan for Library and Golf Enterprise Projects. Accepted. Joe Williams, Alameda, stated that he is a long time participant at the Alameda Golf Course; he has enjoyed many happy days on the Course; and he supports anything that the City Council can do to move forward on the project of reconstructing the driving range. Special Meeting Alameda City Council November 4, 1996 298 In response to President Appezzato's inquiry regarding the Golf Enterprise Fund, the Interim City Manager explained that the Golf Enterprise Fund, at the present time, has $1.2 Million in its fund balance, and that one of the policies is that $500,000 be held in reserves to pay for unexpected occurrences. In response to Councilmember Lucas's inquiry concerning dwelling unit tax collections funding the renovation of the Historic Alameda High School and Carnegie Building improvements, the Interim City Manager explained that the dwelling unit tax is a tax on all new dwelling units built in the City, and a percentage goes to Recreation and 1% to libraries; and that the tax does not constitute very much money because the City is primarily built out Councilman Arnerich stated that the Golf Enterprise Project is the only project that generates money; that monies come from the Golf Course and the Driving Range; City has been waiting on the Golf Course Project improvements--the Driving Range in particular--and the cost has gone up about 40% to $1.5 Million; Council should accept the recommendation and let the City go ahead with the Certificates of Participation; and if Certificates do not pan out, the projects should be separated out. Councilmember DeWitt stated that he would like to second the motion. Under discussion, Councilmember DeWitt stated that the move to the Alameda Historic High School from the Carnegie Building and the retrofit work on the Carnegie Building must be done; unfortunately, funding may be complicated by State Proposition 218; and a lot of discussion could go into the issue on the [financial) impacts. Under discussion, Councilmember Lucas stated that Council has no alternative than to explore the concept, and if the concept not work out, the Finance Director will come up with another one. Under discussion, Councilman Arnerich stated that the Interim City Manager should give the matter priority. President Appezzato stated that the concept will come back to Council with financing details at a public hearing; the City should prioritize the temporary relocation of the Library to the West Wing of the Historic Alameda High School; funding will come from the General Fund and will be reimbursed; and costs for Golf Course improvements will be paid with revenues derived from the Golf Course. On the call for the question, the motion carried by unanimous voice vote - 4. Special Meeting Alameda City Council November 4, 1996 ORAL COMMUNICATIONS, NON - AGENDA (Public Comment) (96 -605) Neil P. Sweeney, announced various public meetings and upcoming local events. (96 -606) Eve Roberson, Alameda, stated that the property owner of 2049 Eagle Avenue should be required to make the property conform to the City Charter, Alameda Municipal Code and Measure A. The City Attorney stated that a Complaint has been filed and Ms. Roberson will be provided a status report. COUNCIL COMMUNICATIONS (Communications from Council) (96 -607) President Appezzato gave an oral progress report on base conversion. (96 -608) Councilmember Lucas stated that there have been reports of major businesses moving out; she would like a report on what the lease rate is at the South Shore Shopping Center and what is expected in the future. President Appezzato stated that perhaps Mr. Dosen, Vice President of the South Shore Shopping Center, could address the matter. (96 -609) Councilman Arnerich requested a status report on the proposed dog run. (96 -610) Councilmember DeWitt commented on a recent event held in honor of Councilman Arnerich by the Alameda Lead Abatement Association. ADJOURNMENT (96 -611) There being no further business before the City Council, President Appezzato adjourned the meeting at 8:57 p.m. in memory of Mable Cianciarulo and Sara Kofman. Respectfully submitted, ANE B. FELSC cMC City Clerk The agenda for this meeting was posted in advance and in accordance with the Brown Act. Special Meeting Alameda City Council November 4, 1996