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1989-06-06 Regular CC Minutes181 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY JUNE 6, 1989 The meeting convened at 7:40 p.m. (following a Closed Session) with President Corica presiding. The Pledge of Allegiance was led by Councilmember Withrow. Reverend Robert Keller gave the invocation. ROLL CALL - Present: ' Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. Absent: None. MINUTES Councilmember Arnerich made a motion to approve the minutes of the .Regular Council Meeting of May 16, 1989. Councilmember Withrow seconded the motion which carried by unanimous voice vote - 5. CONSENT CALENDAR At the request of John Scott Graham, Item Nos. 1-F through 1-J regarding confirmation of Historical Advisory Board Member terms (See 89-414 through 89-418) were removed from the Consent Calendar to the regular agenda. Also removed to the regular agenda was Item No. 1-P regarding Bills (See 89-424) at the request of Councilmember Thomas. Councilmember Camicia made a motion to approve the remainder of the Consent Calendar. The motion was seconded by Councilman Arnerich and carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *89-384 From Public Works Director recommending acceptance of work by Gallagher and Burk, Inc. for the construction of Catalina Avenue .Widening and North Loop Road, Assessment District 84-4, No. P.W. 2-88-3. Approved. *89-385 From Public Works Director recommending reduction of bond from $2,976,000 to $20,000 for Subdivision Improvements within Tract 4495 (Normandy). Approved. *89-386 From Finance Director regarding Investment Portfolio as of April 30, 1989. Approved. *89-387 From Finance Director regarding Investment Portfolio as of May 31, 1989. Approved. *89-388 From Finance Director recommending setting hearing date for Prop 4 limit for July 5, 1989. Approved. June 6, 1989 1 RESOLUTIONS *89-389 Resolution No. 11725. "Adopting plans and specifications and calling for bids for repair and resurfacing of certain streets, Phase 11, No. P.W. 10-88-15 and directing City Clerk to advertise same." Adopted. *89-390 Resolution No. 11726. "Authorizing a grant application for a grant for a maximum amount of $320,000 from the State of California, Department of Boating and Waterways, for the rehabilitation of a boat launching facility at Grand Street Boat Ramp." Adopted. *89-391 Resolution No. 11727. "Authorizing execution of Grant Agreement with the Alameda Boys' Club for gym rehabilitation for FY 1989-90." Adopted. *89-392 Resolution No. 11728. "Approving DAR (Defense Access Road) Main Street Improvement Program, Phase I, and authorizing execution of Program Supplement No. 9 to Local Agency - State Agreement No. 04-5014." Adopted. FINAL PASSAGE OF ORDINANCES *89-393 Ordinance No. 2436, N.S. "Amending the Alameda Municipal Code by adding Chapter 7 to Title IX thereof relating to graffiti." Adopted. * * * * * * * * RETURN TO REGULAR AGENDA CLOSED SESSION 89-394 President Corica announced Council had met in Closed Session regarding the items listed below: and requested the Interim City Attorney announce the decisions of the Council during the Closed Session: a) Pursuant to Government Code Section 54956.9(a), consider 'the following litigation matters: (1) Guyton v. City of Alameda, et al. (2) Acquisition of Linoaks property. (3) Bruce v. City of Alameda (4) Cepparo v. City of Alameda (5) Ullner v. City of Alameda (6) Lucas v. Heffron, et al. (7) Sebago v. City of Alameda (8) Bautista v. City of Alameda The Interim City Attorney stated that Council directed the Interim City Attorney as follows: Regarding Guyton v. City, review a list of potential counsel to June 6, 1989 1 assume that case; regarding acquisition of Linoaks property, no action at this time; concerning Ullner v City, assign case to Bruce Reeves and Felix Seidler; regarding Lucas v. Heffron, et al., Council granted settlement authority to outside counsel; with respect to Sebago v. City of Alameda, request the former City Attorney, Carter Stroud, to argue that case which he handled previously; and with respect to Bautista v. City, no action is to be taken. HEARINGS 89 -395 Consideration of a Planning Board recommendation for approval of Zoning Amendment, ZA -89 -1 to amend Section 11- 1354.4(f) Procedures and Standards for the PD, Planned Development, combining district regulations, to allow time extensions beyond the currently permitted one year, following approval, during which construction must begin. Applicant: City of Alameda. President Corica announced the hearing was postponed to the next meeting. Councilmember Withrow made a motion to continue the hearing to the next Council Meeting (June 20]. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. APPEALS 89 -396 Appeal of the denial of the Certificate of Appropriateness by the Historical Advisory Board for the demolition of 706 Pacific Avenue. Appellant: Jean Ratto Larkin. Written Communications: * From Alameda Main Street Project supporting proposed Kragen Auto development at Pacific Avenue location. The Planning Director reviewed the background of the appeal. Jean Ratto Larkin, 16 Las Vegas Road, Orinda, discussed use of the property versus the matter of historical significance of the house. Robert Ratto, 707 - 210N, Nevada City, commented on his loss of income as a proof of economic hardship. Aleen O'Hara, 1011 Tahiti Lane, stated she believes property owners should be allowed to do anything they want with their property unless there is significant historical value. Bob Moore, 1325 Burbank Street, stated he does not believe there is economic hardship beyond the past income loss; and commented on the lack of rent, and efforts to make offers on the property. Richard Roth, 1533 Webster Street, stated he is in favor of developing the corner, and he believes there should be better guidelines regarding historic buildings, for owners to follow. June 6, 1989 18 Janice Grumman, 1218 Sherman Street, Member, Historical Advisory Board (HAB), stated there is no wish to delay the Kragen Auto project; the 53- year -old house is a fine example of Mediterranean Revival architecture, and could be moved within the property site. David Plummer, 1401 High Street, Member, HAB, stated the 710 Pacific Avenue house will be demolished; commented on the historic value of the house at 706 Pacific Avenue; and possible alternatives to demolition. Paul Breitkopf, 1823 San Jose Avenue, Member, HAB, commented on the significant historical value of the house at 706 Pacific Avenue; and stated if such houses are continually demolished, then Alameda will soon lose its character. Tom Ravey, 513 Santa Clara Avenue, stated there should be a compromise, with room for both Kragen and the Keatings [occupants]. Robert DeCelle, P.O. Box 1606, Chairman, HAB, stated the HAB is not responsible for delays of the project, and has not heard [from the appellants] of any attempt regarding possible compromise; and suggested Council give applicants the 40 day waiting period to see if a solution can be reached. Bill Wagner, 46 Tarry, Orinda, discussed the expenditures on the project, and noted any change at this point would cause a 6 to 10 month delay; and requested the Larkin family be considered. John Scott Graham, 1728 Tregloan Court, commented on the hardship of the family [owners]; and requested, if the house cannot be moved, let it be torn down. Tom Keating, 706 Pacific Avenue, stated the house is important, can co -exist with Kragen Auto, and he hopes the house will not be demolished. Council discussion followed regarding the possibility of compromise, the timeframe involved, the possibility of moving the house to a suggested corner location, and possible trade -offs that could be considered. Councilmember Withrow suggested that Council request the parties go before a mediator to see if that mediator can make the trade -offs and determine if there is, in fact, an agreement to disagree. Council discussed the possibility of using a mediator, the historic value of the house, and the impact on Webster Street and the Webster Street business association. Councilmember Thomas stated she believes Council must make a finding that the historical building is incapable of earning an economic return on its value and she would be prepared to move that Council overturn the Board's action based on that finding on the evidence provided in the record. President Corica stated he would second the motion. June 6, 1989 185 Following further discussion, Councilmember Thomas reiterated her motion that Council overturn the Board's action upon a finding of qualified sources that the house is incapable of earning economic return on its value, based on the record. Councilmember Thomas noted that included in the motion would be that Council directs the Board to issue the Certificate of Appropriateness for the demolition. Discussion followed- regarding the timeframe involved, Code references, and possible Council action. Councilmember Thomas withdrew her motion. Councilmember Withrow made a motion to table [the matter] to the next Council meeting and coincident with that motion would be the return of the $200 fee paid by the Larkins for this appeal. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 89 -397 From Chairman, Historical Advisory Board, regarding future uses for the Carnegie Building. David Plummer, 1401 High Street, discussed the results of a grant application regarding the Carnegie Building; and the recommendations regarding the possible uses of the building. Robert DeCelle, Chairman, Historical Advisory Board, stated the Board would like Council to receive the recommendations. Councilmember Withrow moved acceptance of the report. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Councilmember Thomas stated she particularly favors the recommendation regarding the use of the Carnegie Building as an annex to City Hall. 89 -398 From Chairman, Historical Advisory Board, recommending a commendation for historic restoration of the Samual Allen House at 2246 San Antonio Avenue. Robert DeCelle, Chairman, Historical Advisory Board, commented on the fine work the owner has done in restoring the San Antonio Avenue property. Councilmember Camicia made a motion to accept the report. Councilmember Withrow seconded the motion which was carried by unanimous voice vote 5. 89 -399 From Chairman, Historical Advisory Board regarding demolition request for 2521 Clement Street. June 6, 1989 I83 Robert DeCelle, Chairman, Historical Advisory Board, requested Council accept the report. Councilmember Withrow moved to accept the report. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 89 -400 From City Manager regarding minutes for Closed Session. Councilmember Camicia moved the recommendation. Following discussion regarding the taking of minutes when Council wishes to discuss matters without designees present, President Corica suggested Councilmember Arnerich take minutes and each Councilmember present should sign the minutes at the end of the Closed Session. Councilmember Camicia amended his motion to include not only the City Clerk and the City Manager, but also the City Attorney, and include the Mayor's recommendation about when we [Council] don't want a staff member there, to have the minutes, and sign the minutes ourselves. President Corica stated he would like to suggest that the Councilmember to take the minutes should be Councilman Arnerich. Councilman Arnerich accepted. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89 -401 From City Manager regarding curbside recycling. Written Communications: * Eight letters from residents supporting curbside recycling. John Scott Graham, 1728 Tregloan Court, stated he is both for and against proposed curbside recycling; that he believes there will be bad service and higher rates. Councilman Arnerich noted there will be a community forum on June 27th to discuss the matter. Councilmember Thomas stated it is important to look into whether there is an option for those people who would like to do their own recycling. Councilmember Camicia stated it is a good point, information should be obtained, and the subject discussed at the community forum. Councilman Arnerich made a motion to accept the report on curbside recycling and look forward to a report following the forum at a Council Meeting in July. June 6, 1989 187 Elizabeth Roth, 1417 Fifth Street, stated she believes all the Cable television viewers at home should know that they should come to the public hearing and state their views. Olivia Linney, 617 Baywood Road: Doug Linney [father of 2 -week old Olivia] read a statement from the viewpoint of a newborn baby, commenting on ecological problems, the need for individuals to participate in conservation efforts, and the value of curbside recycling. President Corica requested an office response by the City Clerk to Olivia Linney, expressing thanks on behalf of the Council for Olivia's comments on recycling. Juana Samayoa, 1523 Mozart Street, Garbage Without Guilt, demonstrated how recycling can be achieved, and provided statistics regarding waste. Douglas Donaldson, 116 Gainsborough, submitted a list of names of persons who support recycling. John Condon, 3218 Encinal, stated he would like to see an open bid process for the recycling project contract. Helen Dodt, 1723 Chapin Street, United Methodist Women, stated recycling is essential and the sooner it is done, the better. 89 -402 From Interim City Attorney regarding traffic concerns. * Petition from residents regarding traffic concerns. The City Clerk stated approximately 211 signatures were received affixed to copies of Fred Scullin's letter regarding traffic concerns. President Corica noted the matter concerns the Settlement Agreement with Harbor Bay and stated there is no way there will be a widening of High Street, "doing something" on Fernside Blvd., or at any of the intersections, unless the Council believes it is going to be beneficial to the City; stated the widening is not going to take place; and polled the Councilmembers which agreed. Councilman Arnerich stated he will never vote to widen High Street, Fernside Boulevard, Otis Drive or the two bridges in that area. Councilmembers Thomas, Withrow and Camicia each agreed they would not vote for widening. David Plummer, 1401 High Street, stated ingress and egress to Bay Farm Island should be directly from freeway to Bay Farm Island. Ed Murphy, 2618 Janis Circle, stated Council and the public should remember the good things Fred Scullin has done. President Corica agreed Fred Scullin has good qualities and has researched and brought many things to Council's attention. June 6, 1989 183 John Scott Graham, 1728 Tregloan Court, stated he is concerned that there is not enough bus service to Bay Farm Island. Robert Deifenbach, Alameda, stated it was in order that Mr. Scullin call Alameda residents' attention to possible implications from widening roads in question; and there should be concern regarding maintaining the character of Alameda. Councilmember Camicia moved acceptance of the report. Councilmember Withrow, seconded the motion which was carried by unanimous voice vote - 5. 89-403 From Interim City Attorney regarding settlement and dismissal of House v. City of Alameda. Councilmember Withrow made a motion to accept the report. Councilmember Camicia seconded the motion which was carried by *unanimous voice vote - 5. 89-404 From Interim City Attorney regarding settlement and dismissal of Merquillo v. City of Alameda. Councilmember Withrow made a motion to accept the report. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 89-405 From Treasurer submitting investment policies and guidelines. Councilmember Withrow made a motion to accept the report, with the direction to the City Manager that the Finance Director come to the next Council Meeting with her views on the investment policies and guidelines. The City Manager stated the report is a product of the joint review of the Finance Director and Treasurer, and additional information was provided by the Finance Director. Councilmember Withrow moved to accept the report as written. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. RESOLUTIONS 89-406 Resolution No. 11729 "Encouraging employment of Alameda youth during the summer months." Adopted. Councilmember Withrow made a motion to approve the resolution for summer jobs for Alameda Youth but would like to enhance it with the request that each of the Councilmembers take ten businesses within the City of Alameda, and personally call the senior official at that business and convey Council's sincere feelings behind this particular resolution. The motion was carried by unanimous voice vote - 5. June 6, 1989 189 89-407 Resolution No. 11730 "Supporting Assembly Bill 1611 amending the Government Code as it relates to the Metropolitan Transportation Commission." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89-408 Resolution No. 11731 "Authorizing allocation of Commercial Revitalization Funds for FY 1989-90." Adopted. Councilmember Camicia moved the [resolution]. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-409 Resolution No. 11732 "Supporting the need for a quality hardball facility in the City of Alameda." Adopted. Bill dal Porto, 3506 Savana Lane, Alameda Babe Ruth, noted growth of number of Alameda baseball teams and lack of change in facilities; and presented petition supporting construction of first class youth baseball facility, but without lights or public address system in order to minimize impact on the neighborhood. Darlene Pharr, 1829 Lincoln, Chairman, Recreation Commission, stated she was present to convey Commission's full support for a quality hardball facility. Councilmember Camicia made a motion to adopt the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 89-410 Resolution No. 11733 "Amending Condition No. 9 of Planned Development Amendment (PDA) 89-1 for Harbor Bay Isle Village V." Adopted. Written Communications From Davis, Young, Beck & Mendelson supporting amending Condition No. 9 of Planned Development Amendment (PDA) 89-1 for Harbor Bay Isle Village V. The City Manager requested Council consider adding a sixty-day extension for the City to submit plans for three facilities on Bay Farm Island which were originally to be submitted by September 30th. Steve Brimhall, stated the 60-day amendment that the City Manager is requesting is acceptable; and discussed the lawsuit and the Mello Roos District. Council discussed the Audubon Society lawsuit, the Mello Roos District, and Agreement provisions. Steve Casaleggio, Jones, Hall, Hill and White, addressed the Mello June 6, 1989 Roos District and the affect of the lawsuit. John Dickson, Davis, Young, Beck & Mendelson, 1134 Ballena Blvd., responded to Councilmember Thomas's question regarding the prayer for relief in the lawsuit, and further discussed the affect of the lawsuit on compliance with Condition 9. Councilmember Thomas discussed with the Fire Chief the 60 day extension in connection with the timeframe regarding the fire station. Councilmember Camicia moved the resolution, including the language requested by the City Manager with the 60 day extension for the three facilities he mentioned. Following further discussion clarifying the language to be included, Councilman Arnerich clarified the three facilities would be the two park sites and the fire station, and so moved. 'Councilmember Camicia seconded that motion which was carried by unanimous voice vote - 5. 89 -411 Resolution No. 11734 "Declaring results of Special Election and directing recording of Notice of Special Tax Lien." Adopted. Steve Casaleggio, Jones, Hall, Hill and White, bond counsel, noted the ballot for the Mello Roos proceedings has been in escrow; presented escrow instruction releasing the ballot, which the Mayor then signed. The title company representative then delivered the ballot to the City Clerk. Mr. Casaleggio asked, for the record, if the City Clerk had the ballot marked by the property owner, to which the City Clerk answered affirmatively. Mr. Casaleggio then stated the ballot has been received and it is now appropriate for the Clerk to complete the Canvass and Statement of Result of Election. The City Clerk announced that the result of the election was: Number of votes, 123 [ayes]; Property owner, Harbor Bay Village V Associates. Mr. Casaleggio stated Council is thus free to adopt the subject resolution. Councilmember Camicia made a motion to adopt the resolution. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. By consensus of Council, the related ordinance was taken out of order (89 -412). 89 -412 Ordinance No. , N.S. "Levying Special Taxes within the Community Facilities District No. 1 (Harbor Bay)." Introduced. Councilmember Camicia moved introduction; Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President June 6, 1989 191 Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 89 -413 Resolution No. 11735 "Authorizing the issuance, sale and delivery of Community Facilities District No. 1 (Harbor Bay) Special Tax Bonds, authorizing the execution and delivery of a Fiscal Agent Agreement, Official Statement and Purchase Offer and authorizing the execution and delivery of and approving other related documents and approving other related actions in connection therewith." Adopted. Councilmember Camicia made a motion to adopt the resolution. Councilmember Thomas stated she still disagrees with the amount of $17,000,000. Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. 'Absent: None. 89 -414 Resolution No. 11736. "Confirming term of Paul Breitkopf as a Member of the Historical Advisory Board." Adopted. See paragraph 89 -418 which contains the consideration of, and single motion regarding, paragraphs 89 -414 through 89 -418. 89 -415 Resolution No. 11737. "Confirming term of Janice Grumman as a Member of the Historical Advisory Board." Adopted. See paragraph 89 -418 which contains the consideration of, and single motion regarding, paragraphs 89 -414 through 89 -418. 89 -416 Resolution No. 11738. "Confirming term of Robert D. Nicol as a Member of the Historical Advisory Board." Adopted. See paragraph 89 -418 which contains the consideration of, and single motion regarding, paragraphs 89 -414 through 89 -418. 89 -417 Resolution No. 11739. "Confirming term of Robert E. DeCelle as a Member of the Historical Advisory Board." Adopted. See paragraph 89 -418 which contains the consideration of, and single motion regarding, paragraphs 89 -414 through 89 -418. 89 -418 Resolution No. 11740. "Confirming term of David 0. Plummer as a Member of the Historical Advisory Board." Adopted. John Scott Graham, 1728 Tregloan Court, addressed the length of terms of the Board Members. Councilmember Withrow made a motion to adopt resolutions regarding confirmation of Board Members [89 -414 through 89 -418]. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: None. Absent: Councilmember Thomas [absent from the dais] - 1. June 6, 1989 1 INTRODUCTION OF ORDINANCES 89 -419 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Section 11- 1354.4(f) of Chapter I, Title IX, thereof, relating to procedures and standards for planned developments." (Continued) 89 -420 Ordinance No. , N.S. "Authorizing the acquisition of certain rights -of -way for Triumph Drive and an unnamed extension of Atlantic Avenue (0.,42 acres and 0.97 acres respectively). Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. [Councilmember Thomas absent from the dais] NEW BUSINESS 89 -421 Consideration of a nomination for appointment to the Planning Board. President Corica nominated Don Wolfe for appointment as member of the Planning Board. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 4. [Councilman Arnerich was absent from the dais] 89 -422 Reaffirming Council's position to give first preference to local businesses. Councilmember Thomas made a motion to reaffirm the Council's position to give first preference to local business. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 89 -423 Consideration of appointment of City Attorney. President Corica reviewed the process for selection of a new City Attorney, and the qualifications of Carol Korade. Councilmember Thomas expressed various concerns regarding the matter, including payment of a salary which is less than the amount advertised. She also objected to the reading of applicant's qualifications publicly prior to hiring. Following discussion regarding the procedures of the selection process and City Attorney compensation, Councilmember Camicia made a motion to appoint Carol Korade contingent upon the terms and conditions negotiated by President Corica and Councilmember Withrow. Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. June 6, 1989 Councilmember Thomas left the Meeting at 12:00 midnight. Council discussed the necessity of drawing up a contract between the City and the new City Attorney. The Interim City Attorney suggested attorney Bruce Reeves to draw up the contract. Councilmember Arnerich stated he moved accordingly and Councilmember Withrow seconded. The motion was carried by unanimous voice vote - 4. BILLS 89-424 Councilmember Withrow made a motion to approve the List of Claims, certified by the City Manager to be correct, in the amount of $1,773,919.68. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 4. ORAL COMMUNICATIONS, GENERAL 89-425 Gerhard Degemann, 19 Sandpiper Place, complimented the Council on its choice of a new City Attorney. ADJOURNMENT 89-426 The meeting was adjourned in memory of Larry Patton and Albert C. Carrington at 12:10 a.m. Respectfully submitted, 41 DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. June 6, 1989