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1996-12-03 Minutes3 G MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL DECEMBER 3, 1996, 7:05 P.M. The meeting was convened at 7:10 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: ABSENT: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. None. Adjournment to Closed Session to consider: (96-639) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organizations(s): Alameda City Employees Association - ACEA Announcement of Action Taken in Closed Session: President Appezzato stated that the City Council gave instructions to the City's negotiators, and no action was taken. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the Special Meeting at 7:15 p.m. Respectfully submitted, D E 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 December 3, 1996 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3, 1996 President Appezzato convened the meeting at 7:36 p.m. Councilman Arnerich led the Pledge of Allegiance. Elder John Pellitiere, Alameda Chapel, gave the Invocation. President Appezzato announced that the following items had been pulled off the Agenda and would not be heard this evening: a fee waiver request by Allen Michaan and a resolution regarding the Alameda City Employees Association. ROLL CALL: PRESENT: ABSENT: Councilmembers Arnerich, DeWitt, Lucas and Mayor Appezzato - 4. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (96 -640) Presentation of a State of California Resolution in honor of Councilman Arnerich from the Honorable Senate President pro Tempore Bill Lockyer, the Honorable Senator Nick Petris and the Honorable State Senator Quentin L. Kopp. Steven Schwartzberg, Alameda County Lead Poisoning Prevention Program Director, thanked Councilman Arnerich for his contributions to the Program and stated that he will be missed. Tony Daysog, Councilmember- Elect, thanked Councilman Arnerich for his wisdom and wit, and for allowing him to serve on the Alameda Redevelopment and Reuse Authority. Mayor Appezzato presented a Resolution from Alameda County Board of Supervisors commending Councilman Arnerich for his years of service and outstanding community leadership. State Senator Quentin Kopp presented Councilman Arnerich with a Resolution from Senate President Pro Tempore Bill Lockyer, Senator Nick Petris of the 9th Senatorial District and State Senator Quentin Kopp commending Councilman Arnerich for his public accomplishments, commitment to the community, service on regional boards, and distinguished record of leadership as a Member of the City Council and Vice Mayor of Alameda. Regular Meeting Alameda City Council December 3, 1996 312 *** Mayor Appezzato recessed the meeting at 7:50 p.m. and reconvened the meeting at 7:55 p.m. * * * SPECIAL ORDERS OF THE DAY (Continued) Gerhard Degemann, Alameda, thanked Councilman Arnerich for all he has done for the City, and stated that he welcomes Mr. Arnerich as a new Board of Director of the Historical Alameda High School Foundation. Councilman Arnerich stated that Alameda is a city filled with history and charm; Alameda has many outstanding features, including its City employees, Alameda has been fortunate throughout the years to have had outstanding leadership, citizens and volunteers; that City Council spends hours on City business and bases decisions on sound reasoning and the courage of their conviction; and Mayor Appezzato should be commended for his efforts and time representing the City. Councilman Arnerich reviewed Council's accomplishments over the past ten years, he stated that citizens must be involved in City matters; he discussed the importance of press coverage; he stated that Alamedans should work toward a better Alameda for their children and future generations; and that he will continue to serve on boards and commissions and serve people. Councilman Arnerich stated that he and his wife Norma work together side by side, and introduced Mrs. Arnerich, his son Kenneth, daughter-in-law Colleen, and grandchildren Kenny and Shelby. CONSENT CALENDAR President Appezzato announced that the following items were withdrawn from the Consent Calendar for discussion: Report regarding Real Estate Equivalent in Value to Mastick Senior Center, Report recommending award of contract to Environmental Golf, Inc./Valley Crest Landscape, Inc. (Joint Venture) for Driving Range Improvements, Report recommending approval of Alameda County Congestion Management Agency Transportation Fund for Clean Air (TFCA) Transfer Agreement, and Resolution Declaring Canvass of Returns and Results of Consolidated General Municipal Election Held on Tuesday, November 5, 1996. Councilman Arnerich moved approval of the remainder of the Consent Calendar. Regular Meeting Alameda City Council December 3, 1996 Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. (*96-641) Minutes of the Special and Regular City Council Meetings of November 19, 1996. Approved. (*96-642) Report from Community Development Director recommending adoption of CDBG FY 1996-97 Action Plan Amendment No. 2 and Citizen Participation Plan Amendments and authorizing execution of related subgrantee agreements. Accepted. (*96-643) Report from Public Works Director recommending Designation of Stop Control on Sweet Way at Adelphian Way. (Crown Pointe). Accepted. (*96-644) Resolution No. 12842 "Designating 891 Union Street a City Historical Monument." (Historical Advisory Board). Adopted. (*96-645) Introduction of Ordinance "Amending the Alameda Municipal Code by adding Article IV, (Traffic Enforcement in Private Parking Facilities), Section 12-18 (Traffic Control in Private Parking Facilities) to Chapter XII (Designated parking), Thereof, Authorizing Enforcement of Traffic Regulations in Certain Private Parking Facilities." Introduced. (*96-646) Ratified Bills in the amount of $1,620,595.56. (96-647) Report from Community Development Director regarding Real Estate Equivalent in Value to Mastick Senior Center. President Appezzato stated that there is a new item in the report: the formation of a working committee to gather information on options and consider strategies to secure property title for a senior citizen facility beyond the year 2000; that staff should continue under the following criteria: that Council receive [committee] names for approval, and at least an equal number, or a majority, of the members be Trustees of Mastick Senior Center; and the committee and its guidelines be submitted to the Council for approval. Allen Derr, Mastick Senior Center Member, stated that he hardily supports a working committee; he recommends that Council allow the President of Mastick to appoint some of the membership; and that the Lease Amendment is two years old, and perhaps the working committee can get the matter moving again. Regular Meeting Alameda City Council December 3, 1996 Neil Patrick Sweeney, Alameda, stated that a Living Trust should be established for the Mastick Senior Center. President Appezzato stated he will accept a motion with the caveat that Frank McCormack [President of Mastick Board of Trustees] be consulted as to the makeup of the working committee. Councilmember Lucas so moved. Councilmember DeWitt seconded the motion. On the call for the question, the motion carried by unanimous voice vote - 4. (96-648) Report from Public Works Director recommending award of contract in the amount of $2,451,700 to Environmental Golf, Inc./Valley Crest Landscape, Inc. (Joint Venture) for Driving Range Improvements at the Chuck Corica Golf Complex, P.W. 06-96-10, pending appropriation of additional funding. Accepted. President Appezzato stated that the driving range is a major issue for Alamedans, and he would like the Interim City Manager to discuss the contract. The Interim City Manager stated that the driving range project is problematic for the City because of cost; that the cost of the project is approximately $2.4 Millon and the Enterprise Fund balance is $1.4 Million; that there is not enough money for the project, for existing capital improvement projects, and for retaining the $500,000 set aside for unexpected occurrences; and that the recommendation is to award the contract, contingent upon funding which will be discussed under the Regular Agenda: Issuance of Certificates of Participation. [See Paragraph No. 96-652] The Mayor stated that staff should reconfirm that the City cannot do the project in-house. The Interim City Manager responded that the driving range has been rebuilt on several occasions; that artificial turf is being proposed; and that locally, the City does not have the ability to do the work, however, he will look into the matter. Councilmember DeWitt stated that there should be a time limit, so that people waiting for information on the bid will be informed shortly. Councilman Arnerich stated that there should not be any delay in proceeding with the project, and the improvements will save hundreds of thousands of dollars in maintenance costs. Regular Meeting Alameda City Council December 3, 1996 o-s Councilmember Lucas moved approval of the recommendation and that an off-agenda report responding to the Mayor's comments be provided to Council. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-649) Report from Public Works Director recommending approval of Alameda County Congestion Management Agency Transportation Fund for Clean Air (TFCA) Transfer Agreement. Accepted. Don Roberts, Alameda, stated that there will be two electric vehicles provided to Alamedans who are willing to keep records, and he would like to know what the procedure will be for selecting participants. The Public Works Director responded that selection of participants will be on a first-come, first-served basis. Councilman Arnerich moved acceptance of the report and recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. (96-650) Resolution No. 12843 "Declaring Canvass of Returns and Results of Consolidated General Municipal Election Held on Tuesday, November 5, 1996." Adopted. Don Roberts, Alameda, stated the Resolution is not precise; that candidate Anthony Daysog was not elected to the City Council; Council voted in August 1996, to appoint the third highest candidate in the Council race, regardless of the percentage of votes received; that it appears the Resolution should be modified to indicate City Charter Section 2-7 (C); and the Resolution should read "appointed to fill vacancy." Tony Daysog, Alameda, stated that the question is whether he is elected or appointed; that in August, the City Council gave the matter to the Alamedans to decide; the voters decided, not City Council; and in his book that is called elected. The City Attorney stated the Resolution, as drafted, is accurate and reflects the current situation; that Roberts' suggestions were also accurate; Mr. Daysog was appointed under Section 27-C of the City Charter; and the Resolution declares the results of the Election and confirms the action taken by Council in August. Regular Meting Alameda City Council December 3, 1996 Councilmember Lucas stated that she is satisfied with the inaterial submitted by staff. Councilmember Lucas moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. The total number of ballots cast in the City of Alameda at said election was: 26,740 Total number of votes for each candidate: For Office of City Councilmember Al DeWitt 7719 Barbara Kerr 6651 Tony Daysog 5400 Susan Maureen McCormack 4535 Harry Hartman 4079 Greg Alves 3988 Gary Thomas 3596 John L. Abrate 2327 Steven M. Botello 1634 James Jenkins 1301 For Office of City Auditor: Kevin R. Kearney 15368 For Office of City Treasurer: Lewis E. Hurwitz 15048 For Office of Member, Board of Education: Gail Ann Greely 10921 Larry Spencer 9900 Barbara M. Guenther 9461 Sam Huie 7735 Catalina A. Ramos 5704 Michael McMahon 5237 Claude S. Lineberry 3522 Votes by precinct are attached hereto and made a part hereof by reference. REGULAR AGENDA ITEMS (96-651) Public Hearing to consider an Appeal by Alex Cheung for Hing Cheung of the Planning Board's denial of Design Review (DR-96- 25) for the property at 1096 Park Avenue. Appellant: Alex Cheung; and Regular Meeting Alameda City Council December 3, 1996 317 Resolution Denying the Appeal of Alex Cheung for Hing Cheung and Upholding the Planning Board's Denial of Major Design Review, DR- 96-25 for 1096 Park Avenue. Not Adopted. President Appezzato opened the public portion of the Hearing. Proponents Dan Reidy, Spokesman for the Cheung family, stated that Alameda always took pride in the quality and enforcement of its Zoning Ordinance; that Measure A was always a strong principle; and when requirements were met, property owners were able to fulfill the full value of their property rights. Mr. Reidy further stated that the Cheung family made application to develop additional buildings on the 8,000 square foot lot; the Cheungs have a very small building in the front of the lot and two driveways which access the rear yard; the lot was never fully developed; the Cheungs filed a Design Review Application, worked with City staff, redesigned the project several times and received approval of the project; when the six months to pull a building permit ran out, the Cheungs were still working with staff; the Cheungs failed, technically, to get a building permit; when the project was reviewed, with perhaps a different set of guidelines, the project was too massive; the Appeal before Council is a matter of fairness; new guidelines are emerging, but the Zoning Ordinance, R-4 District- and Design Review requirements still exist. Mr. Reidy added that the Cheungs are requesting Council to approve the project and overturn the findings of the Planning Board. President Appezzato stated there have been a number of controversial infill units built in the City over the last ten years, and the community is saying that they do not want their neighborhoods to deteriorate any further due to construction that does not compliment the neighborhood. Mr. Reidy stated the project did meet architectural/aesthetic compatibility; that the question was massing and whether or not there should even be another unit; the Zoning Ordinance states that you can have more than one main building in the R-4 District; there is plenty of room for off-street parking; the project does not require any Variances; and the project can handle an additional duplex in the back with no adverse impact on the neighborhood and also be completely compatible. Will Harrison, Alameda, stated there is a restriction being placed on this lot that other properties do not have placed on their lots; issue cannot be regulated fairly; there is too much subjective room; the findings are based on premises that are totally Regular Meeting Alameda City Council December 3, 1996 3 incorrect; the building is not overbuilt; the Planning Board confused square footage with massing; and Council should approve the original design review approval that was granted. President Appezzato stated that the Planning Board was unhappy to see the Applicant submit the same project knowing the community's feelings on infill. Mr. Harrison stated he believes the President of the Planning Board was incorrect; that the only opposition he heard from the neighbors was the parking problem; he [Harrison] revised the site plan to show how the cars could move into the property and move back out again, as requested; that there is no definition for infill in the Zoning Ordinance, and the Planning Board has confused some issues of R -1 with R -4 in this case. In response to Councilmember DeWitt's inquiry whether the proposed building is only 2 feet higher than the existing building, Alex Cheung responded in the affirmative. Mr. Harrison added that 30 to 35 feet is allowed in R -4 District. President Appezzato commented that there have been projects in the City which have been absolutely atrocious -- unjudicious projects from many years ago that have taken up City staff, Council and Planning Board time. Alex Cheung, Alameda, Appellant for Hing Cheung, stated that his parents purchased the property about seven years ago; plans were to bring his brother's and sister's families to the United States; the R -4 property at 1096 Park Avenue was chosen to build [living] space for the family; he [Alex] worked nine months with the Planning Department on design review; the project was approved in September, 1995; at the same time, the families_ came over in April, 1995 and have been living in the existing two- bedroom house; there were no objections until the project was before the Planning Board; he has over 200 signatures in support of the project [petitions submitted to the City Clerk]; the first time the project was brought before the Planning Board was to reinstate the building permit; the Planning Board's instructions were followed; and they [Cheungs] have not been trying to take the same design to the Planning Board, as stated by the President of the Planning Board. Mrs. Alex Cheung, Alameda, stated that the project satisfies the quality of life for both neighbors and family; the project will improve landscape and will not add a burden on parking; the project will provide better living conditions; the City is only recognizing opposition from neighbors who are not immediate neighbors; and that she hopes Council will grant approval of their design review. Regular Meeting Alameda City Council December 3, 1996 Paul Pang, Alameda, spoke on behalf of Gary Quock and stated the project does not impact the neighborhood. Opponents Caterina Boni, Alameda, stated that the project will impact traffic and parking; there are currently five cars at 1096 Park Avenue; there is no guarantee that garages will be occupied; and she hopes Council will search their conscience if they want to maintain Alameda as a livable City. Kathleen Zell, Alameda, stated that she is opposed to any new structure at the rear of 1096 Park Avenue for the following reasons: neighborhood is already congested; there is no guarantee garages will be used; if apartments are allowed to be built in backyards, children will be in the streets playing instead of their yards and exposing themselves to traffic; she does like the idea of the family living in any structure in the backyard; there are many houses for sale under $200,000 in the neighborhood, and questions why there should be infill housing; infill housing will deteriorate the neighborhood; and the proposal has been turned down twice by Planning. President Appezzato closed the public portion of the Hearing. In response to Councilmember Lucas's inquiry regarding scale and massing, the Planning Director responded that the Planning Board, when discussing infill, stated that when the overall pattern in a neighborhood is a larger dwelling in front, the pattern should not be reversed; and that the Board indicated it would be supportive of a one-story development in the rear. In response to Councilmember Lucas's inquiry regarding parking, the Planning Director stated that there are some issues which the Applicant has indicated could be resolved having to do with relocation of the deck supports. Councilmember Lucas inquired whether the existing driveway for the existing front house could be continued, and second driveway used for the back. The Planning Director responded that only one car would be removed from the rear yard and located in the garage, although she is not sure that the garage could accommodate a car. Councilmember Lucas stated that if a single family unit was in the back, the Cheung families would be accommodated; that single family homes are preferred; the project fits more with Alameda neighborhoods; and the City would not permit many of the structures Regular Meeting Alameda City Council December 3, 1996 320 in our neighborhoods now; e.g., lots with apartment buildings and larger structures. In response to Councilmember Lucas, the Planning Director concurred that the City's attitude has changed and it would not permit many of the structures in the neighborhoods now, and that the approach taken by the Planning Board and Planning Department is an improvement for the quality of life in Alameda. The Planning Director clarified that the approach responds to extensive public testimony over the past two years, beginning with 1574 Pacific Avenue; that the Planning Board developed some guidelines; the guidelines were provided to staff and also to Mr. Cheung prior to his new application in June. Councilmember Lucas stated that the Cheung project is in a R -4 zone, no variances are required with the current design, and if design guidelines are complied with, something can be built. Councilman Arnerich stated that the Park Avenue site in question has the smallest building of the twenty- seven lots in the area; lot coverage -, open space -, setback -, building height -, and Measure A requirements are not in violation, and parking is addressed; that infill did not occur at the time the Cheungs originally proposed the building of the unit, and he does not believe their project falls under that category. President Appezzato stated that Regent Street and Park Avenue are perfect examples of why Measure A was brought to the City. Councilmember DeWitt stated that the City has to be consistent and fair; that the lot has room for everything; and he would like to know if the design of the building will be compatible with the neighborhood. The Planning Director responded that staff did approve the structure and the Planning Board remarked that the appearance of the building was pleasing. Councilman Arnerich stated that the project is not a threat to Measure A and meets all the criteria. President Appezzato stated that he has concern with the mass of the property. The Planning Director noted that it will be possible to view the new structure, in the rear, from the street over the existing house and down the driveway. Regular Meeting Alameda City Council December 3, 1996 Councilman Arnerich stated that the difference is only two feet, and the structure should not be an eyesore. In response to President Appezzato, the Planning Director stated that the structure maintains 7-foot side yards on either side; the structure would extend to within 7 feet of the property boundary; and the property is fifty-feet wide and the building is 36-feet wide. The Planning Director stated that she has prepared a resolution granting the Appeal which contains recommended conditions of approval. In response to Councilman Arnerich, the Planning Director stated that there would be 20-foot-wide rear yard behind the rear most building. In response to President Appezzato, the Planning Director stated that unenclosed parking in the rear yard is being proposed. Councilmember Lucas stated that unenclosed parking areas can be used for storage, and inquired whether Council could require the Applicant to keep the parking spaces available for parking. The Planning Director stated that availability of parking spaces for parking purposes is a requirement by Ordinance, however, a condition could be added that specifies that the Applicant is to keep those spaces available for parking by residents of the property. The City Attorney stated that Council can impose any conditions it desires; in addition, the Applicant can agree to additional restrictions on parking, such as the cars will be parked in the parking spaces. Councilman Arnerich questioned the legality of imposing such a parking condition. The City Attorney responded that this particular action would be enforced by some type of civil activity, not a parking regulation. In response to Mayor Appezzato's inquiry regarding parking problems, the Planning Director stated that the City does not have a requirement for the construction of covered or enclosed parking in conjunction with building, even for a single-family home. Regular Meeting Alameda City Council December 3, 1996 392 In response to Mayor Appezzato's inquiry regarding the Applicant not meeting the building permit deadline, the City Attorney stated that had the Applicant met the deadline, he would be going forward with the building; and that the Applicant missed the deadline by only 30 days and did not understand that he merely had to apply for an additional six-month extension. Councilman Arnerich moved that Council uphold the Appeal (Adopted Resolution No. 12844). Councilmember DeWitt seconded the motion. President Appezzato stated that he will support overturning the Planning Board's decision on this matter, which is only the second time in his two years as Mayor; however, he will support the motion only if it includes enforceable conditions on parking. Councilman Arnerich agreed to amend the motion. President Appezzato stated that he does not want parking on the street. The Applicant stepped forward and agreed to the condition. The Planning Director restated that she had a resolution which provides findings in support of Council action, and provides conditions of approval and modifications to the project. Dan Reidy stated, on behalf of the Applicant, that the Applicant would accept the conditions that the Mayor suggested, especially along the lines that they would not convert any of parking areas to rentals or buildings; that they would park off the street, and [parking regulations] could be enforced in the usual way by the City. Councilmember Lucas inquired whether residents of the property would own more than five cars. Dan Reidy stated that a limitation of five cars is acceptable to the family. The Planning Director stated that the draft resolution makes findings primarily dealing with the issue of hardship of being caught in the change of rules; that the project is consistent with the neighborhood and in line with the action that staff took in 1995; that the recommended conditions of approval identify the plan set that the drawing is tied to, requires that the exterior color of materials match the existing residence, that the alternative parking plan which would keep two driveways, as specifically not Regular Meeting Alameda City Council December 3, 1996 approved, the parking layout shall be as shown on the original plans, and the parking and landscape plan should be revised in some minor ways: a) the deck support may need to be adjusted, in order to make sure there is unimpeded access to the parking spaces; b) there is a driveway apron in front of the house which should be removed and landscaped, and c) the curb cut should be removed and a proper curb and gutter put in. In response to Mayor Appezzato, the Planning Director stated that she does not believe there were any neighborhood objections to the original plan. In response to Councilmember DeWitt, the Planning Director stated that the plan originally approved by the Planning Department and the plan presented to the Planning Board, did not retain the garage as a garage. Councilmember Lucas stated that she has a problem with the Zoning Code which bans two driveways; in this case, the two driveways would make sense; and inquired whether landscaping could be provided for the driveway for the front house. Dan Reidy stated that their backup plan was to have both driveways used. In response to Councilmember DeWitt, the Appellant stated that the garage can accommodate a compact vehicle. The Planning Director stated that kind of garage does not get used. Councilmember Lucas inquired whether Councilman Arnerich would agree to amending his motion to include two driveways. Councilman Arnerich agree to amend his motion to provide for two driveways. President Appezzato stated that the garage will be used as a garage, and parking conditions written. Katherine Zell inquired how parking conditions will be enforced, including when the property is sold. The City Attorney stated that the condition would run with the land and would be binding upon any future purchases of the property, and recommends that the condition be recorded; and if a neighbor observes a violation, it should be reported to the Planning Department. Regular Meeting Alameda City Council December 3, 1996 On the call for the question, the motion to amend and adopt the Resolution Upholding the Appeal carried by unanimous voice vote - 4. * * * Council recessed at 10:00 p.m. and reconvened at 10:13 p.m. * * * (96 -652) Resolution No. 12845 "Resolution Approving the form and authorizing and directing the execution of certain lease financing documents, approving the form and authorizing the distribution of a Preliminary Official Statement in connection with the offering and sale of Certificates of Participation relating thereto, approving the sale thereof, and authorizing and directing certain actions with respect thereto. (Note: This agenda item is in conjunction with the Alameda Public Improvement Commission Meeting)." Adopted. Archie Waterbury, Alameda, stated that time is running out; the Library must get out of the Carnegie Building within a year; and urged Council to favorably consider the project as proposed. Frank Matarrese, Library 2000, stated that the Organization applauds this effort; the effort guarantees that there will be main library services in the center of the City during the interim of retrofit work on the Carnegie and a new library. Councilman Arnerich moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. Under discussion, President Appezzato stated that this is $4.3 million in an indebtedness that the City is going to incur for priorities that are very high; the City must be cautious when expending money for the City, especially if we do not take action to raise revenues; this money is going to have to be paid out of the General Fund; and, in the future, we must be careful of those projects we spend money on. On call for the question, the motion carried by unanimous voice vote - 4. Regular Meeting Alameda City Council December 3, 1996 * * * President Appezzato adjourned to a Special Meeting of the Alameda Public Improvement Corporation at 10: 15 p.m. Separate Agenda. * * * Following adjournment of the Special Meeting of the Alameda Public Improvement Corporation, President Appezzato reconvened the Regular Council Meeting at 10:17 p.m. * * * (96-653) Report from Finance Director transmitting the City of Alameda Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 1996. Councilman Arnerich stated that it is an excellent report; Council has worked very diligently; and Alameda will reap the rewards of a better economy and building out Alameda. Councilmember DeWitt moved acceptance of the report. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-654) Report from Planning Director recommending denial of a fee waiver request by Allen Michaan of Renaissance Rialto, Inc. for Alameda Theatre Restoration Project. Held Over. (96-655) Report from Public Works Director recommending authorization to dispose of Harbor Bay Express II; Amendment to Lease, Management and Operations Agreement between City and Harbor Bay Maritime to provide lease payment in-lieu of new vessel, and Reallocation of Transportation Improvement Funds to cover the vessel lease costs. Don Roberts, Alameda, stated that Harbor Bay Express II is a one- of-a-kind boat, it does not exist anywhere else, it was the first one built of its type; and that Mayor Withrow's Council purchased the vessel as part of the ill-conceived plan to try to recruit the University of California, San Francisco. Walt Jacobs, President of Community of Harbor Bay Isle, stated that the residents feel strongly that the ferry service be maintained, and the Board requests support for financing. George Cooper, Alameda, resident Harbor Bay Isle, stated that he supports the ferry service. Regular Meeting Alameda City Council December 3, 1996 Steve Brimhall, President, Harbor Bay Maritime, stated that the Agreements have been reviewed and HBM supports them. Diane Coler-Dark, Alameda, questioned why Harbor Bay Maritime is not being held to the original Agreement, which requires service thru September, 1997. Gerhard Degemann, Alameda, questioned whether the Community of Harbor Bay Isle Board committed any funding through its membership toward the vessel. The Public Works Director stated that the ferry is not in use now because it is not a reliable vessel; the City has tried to make it work; too much money has been put into it already; staff has advised the State that we would like to get the boat in service with someone else, or find a way to sell it to their satisfaction and return funds on a pro-rata basis. Councilman Arnerich stated that the purpose of the ferry was to relieve the congestion after the Loma Prieta earthquake; he believes the service should be funded through September, 1997; alternative financing should be looked at; and that he has requested a report on the ridership level of Bay Farm Island. Councilmember DeWitt moved the staff recommendation. Councilmember Lucas seconded the motion. Under discussion, President Appezzato stated that he supports ferry boat services, but he can no longer commit or support City funds for any further ferry boat service; and he would support public funds if they can be found at the County-, State-, or federal government level. On the call for the question, the motion carried by following voice vote: Ayes: Councilmembers Arnerich, DeWitt and Lucas - 3. Noes: Mayor Appezzato - 1. Abstentions: None. Absent: None. (96-656) Resolution 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. Held Over (96-657) Final Passage of Ordinance No. 2733 "Amending the Alameda Municipal Code by Amending Section 30-25 (Appeals) of Article I (Zoning District and Regulations), Chapter XXX (Development Regulations) to Provide New Policies and Procedure for Appeals and Calls for Review." Finally Passed. Regular Meeting Alameda City Council December 3, 1996 3 7 Councilmember Lucas moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-658) Final Passage of Ordinance No. 2734 "Amending the Alameda Municipal Code by Deleting Subsection (C) of Section 30-26 (Fees) of Article I (Zoning Districts and Regulations), Chapter XXX (Development Regulations) to Delete Fee Waiver Provisions." Finally Passed. Diane Coler-Dark, Alameda, opposed certain aspects of proposal. In response to President Appezzato, the City Attorney explained the proposed amendment and the Master Fee Resolution adopted at the last Council Meeting. Councilmember Lucas moved final passage of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (96-659) Earl Peacock, Alameda, Chair, Grass Roots for Fair Taxation, stated, in conjunction with State Proposition 218, that the Committee will support the City next year in retaining the Utility Users Taxes. (96-660) Earl Peacock, Alameda, voiced various objections to the Loan Agreement between the City and County regarding maintenance and operation of the bridges. (96-661) N.P. Sweeney, Alameda, commented on the Toys for Tots Program and relocation of a UCSF second campus at the Navy Base. (96-662) Dianne Behm, Alameda, requested the City Council to consider a motion to allow a petition addressing the impact of the proposed Oakland Airport Expansion to accompany the comments compiled by the City to be submitted to the Port of Oakland. COUNCIL COMMUNICATIONS (Communications from Council) (96-663) Councilmember Lucas stated that she has observed litter in the area of Central Avenue and Park Avenue, and staff should consider getting the Code Enforcement Officer involved. (96-664) Mayor Appezzato stated that every year the neighborhood in Crab Cove is concerned about the rotting seaweed and odor; he would like staff to work with Earl Peacock and Council provided with a report on the matter. Regular Meeting Alameda City Council December 3, 1996 (96-665) Councilman Arnerich requested, on the next Agenda, a status report on the three flagpoles and fountain in front of City Hall. ADJOURNMENT (96-666) Mayor Appezzato adjourned the meeting at 11:08 p.m. in memory of a former Alameda Firefighter and long time Golfer and Marshall at the Chuck Corica Golf Course Ben Erdahl. Respectfully submitted, ANE F , CMC City Clerk The agenda for this meeting was posted in advance and in accordance with the Brown Act. Regular Meeting Alameda City Council December 3, 1996