2001-03-20 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MARCH 20, 2001- -7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 9:07 p.m.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(01 -135) Mayor Appezzato thanked Kent Rosenblum for donating six
bottles of wine and the Oakland Raiders for donating [baseball]
caps as gifts for his [Mayor's] visit to Israel; stated that he
will meet the President, Prime Minister, Defense Minister and the
Mayors of Tel Aviv and Jerusalem.
(01 -136) Proclamation recognizing Nancy Cox - Mongerson for her -
efforts on behalf of the Midway Shelter Fund Raising Event of March
10, 2001.
Mayor Appezzato read the Proclamation and presented it to Nancy
Cox - Mongerson.
CONSENT CALENDAR
Mayor Appezzato announced the recommendation to authorize the Mayor
to send letters to the property owners of 1359 Pearl Street and
1536 Santa Clara Avenue [paragraph no. 01 -138] and recommendation
to approve Small Project Capital Improvement Program List
[paragraph no. 01 -1411 were removed from the Consent Calender for
discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calender.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk preceding the paragraph number.]
( *01 -137) Minutes of the Special Joint City Council, Community
Improvement Commission and Alameda Reuse and Redevelopment
Authority Meeting (Closed Session), the Special City Council
Meeting (Closed Session) and the Regular City Council Meeting held
on March 6, 2001. Approved.
Regular Meeting
Alameda City Council 1
March 20, 2001
(01 -138) Recommendation to authorize the Mayor to send letters to
the property owners of 1359 Pearl Street and 1536 Santa Clara
Avenue regarding rent increases.
Karen McElwain, Alameda, stated that when she moved into 1526 Santa
Clara Avenue four years ago, her rent was $675 [per month]; after a
few small increases, her rent was raised by $100 to $835 [per
month] in October 1, 2000; the property was sold and the new owner
demanded a $1,000 deposit and $1,350 [per month] in rent; that she
needs Council's help; the new landlord will not respond to her;
urged the Mayor to send a letter to the property owner; further
stated that she pays the PG &E bill even though her water heater is
connected to the shared laundry machine; when rent is paid, the
landlord will not provide written receipt; $835 to $1,350 is an
absurd rent increase.
Roseann Sullivan, Rent Review Advisory Committee (RRAC) , stated
RRAC has run into a brick wall with the property owners of 1359
Pearl Street and 1526 Santa Clara Avenue; hopefully, with the City
Council's encouragement, the property owners will address the
matter.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
( *01 -139) Recommendation to approve Mayor's Fourth of July Parade
for 2001. Accepted.
( *01 -140) Recommendation to accept the work of D & D Pipelines for
Alameda Point Building 7 Utility Upgrades, No. P.W. 10- 98 -26.
Accepted.
(01 -141) Recommendation to approve Small Project Capital
Improvement Program List for Fiscal Years 2000/2001 and 2001/2002.
Councilmember Daysog outlined development of the Small Project
Capital Improvement Program; listed the five projects proposed to
be funded: 1) Lincoln Park Picnic Area, 2) Street Tree Planting, 3)
Godfrey Park Backstop and Bleachers, 4) Washington Park Fence
Repairs, and 5) Crown Memorial Beach Dog Park drainage; inquired
whether the projects ranked sixth [Lincoln Park Basketball Courts]
and seventh [Franklin Park Basketball Courts], could be funded
instead of the Dog Park Project.
The Deputy Public Works Director responded that the Dog Park
Regular Meeting
Alameda City Council 2
March 20, 2001
Project would be only partially funded if the $30,000 contingency
fund was not used for the first four projects.
Councilmember Daysog moved approval of the staff recommendation
[approval of Small Capital Improvement Program list for FY 2000 -01
and 2001 -02].
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Johnson stated small projects were
often overlooked for big, expensive projects.
Mayor Appezzato requested staff to organize a Volunteer Day at the
Dog Park, including refreshments, to repair damage caused by recent
rain.
Councilmember Kerr noted the City Manager recently authorized two
new Public Works Department employees, who will repair potholes.
On the call for the question, the motion carried by unanimous voice
vote - 5.
( *01 -142) Recommendation to approve Parcel Map, PM 7654 for a two -
parcel division of approximately 6.03 acres of property at 2415
Mariner Square Drive into parcels of approximately 4.17 and 1.86
acres. The 4.17 acre parcel would contain a marina, a restaurant,
parking and other uses and has been approved for a boat storage
building. The 1.86 acre parcel includes area approved for an
assisted living facility. A public trail easement along the
Estuary shoreline will be recorded with the Parcel Map. The site
is located within the M -2 /PD, General Industrial /Planned
Development Combining Zoning District. Applicant: Mariner Square
and Associates; and
( *01 -142A) Resolution No. 13322, "Approving Parcel Map, PM 7654, at
2415 Mariner Square Drive, for Mariner Square and Associates."
Adopted.
( *01 -143) Resolution No. 13323, "Authorizing the City Manager to
Complete the Block Grant Process for Block Grant Funds (Fiscal Year
2001 -2002) to the California Department of Conservation, Division
of Recycling." Adopted.
( *01 -144) Resolution No. 13324, "Amending Master Fee Resolution No.
12191 to Provide for an Appeals Fee Under the Citywide Development
Fee Program." Adopted.
( *01 -145) Ratified bill in the amount of $ 4,399,204.47.
Regular Meeting
Alameda City Council 3
March 20, 2001
REGULAR AGENDA ITEMS
(01 -146) Public Hearing to consider an Appeal of the Planning
Board decision denying Variance, V -00 -20 and Major Design Review,
DR -00 -092 to legalize a second story addition to a garage where one
story would be permitted, and to allow the addition to remain
nineteen and a half feet tall where fifteen feet would be
permitted. The site is located at 1325 Dayton Avenue, in the R -1
(One Family Residential) Zoning District. Appellant: Steve Thorne,
Architect; and
(01 -146A) Resolution No. 13325, "Approving the Appeal of Steve
Thorne and Overturning the Planning Board's Denial of Variance, V
00 -20 and Major Design Review DR 00 -092 for 1325 Dayton Avenue."
Adopted.
Mayor Appezzato opened the public portion of the Hearing.
Proponents:
Steve Thorne, Architect;
Kimberly diGirolamo, Alameda (read letter from Regis Scott);
Dick Stallman, Alameda;
Douglas DeHann, Alameda;
Janelle Spatz, Alameda Architectural Preservation Society (RAPS);
Gia Boscacci, RAPS; and
Rena Rickles, Applicant's Legal Counsel.
Mayor Appezzato inquired whether the property owner agrees to a
deed restriction to keep the area above the garage from becoming an
apartment, to which Ms. Rickles responded in the affirmative.
Mayor Appezzato inquired why permits were not obtained.
Ms. Rickles responded no one seems to know; there were permits for
all other work on the house; once Mrs. diGirolamo found out what
happened, she requested a Variance and will pay the penalty.
In response to Mayor Appezzato's inquiry about the penalty, Ms.
Rickles stated City provision states building permit fees are
quadrupled for construction completed without permits.
Ms. Rickles further stated the property owner agrees not to have
plumbing or heating in the facility [second story above garage].
There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Mayor Appezzato noted Woody Minor submitted a letter [dated March
20, 2001] encouraging Council to approve the Variance.
Regular Meeting
Alameda City Council 4
March 20, 2001
Vice Mayor DeWitt stated the [garage] design matches the home;
neighbors support the design; that he will [move] support the
Appeal, which allows the Variance for the height increase; the
motion should include that a penalty, for completing work without a
permit, be awarded [paid]; a neighbor submitted a letter indicating
that the property owner has failed to complete projects; the fence
along Paru Street, tree planting and garage addition are all in
process; the property owner should complete projects; that he does
not support the use of the second story [above the garage].
Councilmember Johnson stated construction is often completed
without a permit; the property owner applied for a Variance when
she realized a permit was required; architecture and construction
revisions to the home were high quality; if the project had been
presented prior to construction, the Variance would have been
approved; the penalty [amount] will be fairly substantial; the
owner agreed to deed restrictions; the garage will not be used as a
living space; the Planning Board made its decision based on an
application of City Ordinances and could not make the appropriate
findings to grant the Variance, however, said findings can be made.
Councilmember Johnson seconded the motion.
Councilmember Daysog stated if Planning staff has suggestions on
improving [zoning] rules, he would like to be advised.
The Planning Director stated a Resolution was provided to Council
and the Applicant's legal counsel [Rena Rickles]; staff will work
with Ms. Rickles to finalize the Resolution and incorporate the
language she [Ms. Rickles] provided; suggested conditions of
approval include deed restriction against the establishment of a
unit or any habitable space on the second story [above garage].
Vice Mayor DeWitt inquired whether Conditions include: 1) approval
of the Variance, 2) the property owner paying a penalty and 3)
[deed] restriction regarding the second story, to which the
Planning Director responded in the affirmative.
Councilmember Kerr stated the Planning Director's Conditions
include that design review approvals shall be obtained on or before
September 20, 2001 and are valid for six months, with one six month
extension; said language protects the neighborhood from on- going,
unfinished work.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Regular Meeting
Alameda City Council 5
March 20, 2001
Mayor Appezzato called a recess at 9:56 p.m. and reconvened the
Regular City Council Meeting at 10:13 p.m.
(01 -147) Recommendation to authorize the City Manager or his
designee to issue disposition instructions allowing Allied Housing,
Inc. to list 1815 Elm Street for sale in the open market.
Dave Greenberg, Alameda, stated that he supports the staff
recommendation; the open market sale of the house will add
stability to the neighborhood and is best for the future of
affordable housing in Alameda; urged Council to approve the sale
and reinvest profits for better affordable housing solutions.
Councilmember Kerr moved adoption of the Resolution.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Daysog stated the project started
as a home for unwed teen mothers; the City should not be afraid of
taking risks on behalf of under - served populations; there should be
a place for everyone under the sun; the program failure was not the
fault of unwed teen mothers or the family who replaced the mothers;
the failure was a planning issue - -the management of the property;
the family moving out has permanent affordable housing; the City
should review the difficulties of managing the house.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(01 -148) Recommendation to approve the Northern Waterfront
Specific Plan Advisory Committee membership selection process,
confirm Chamber of Commerce and West Alameda Business Association
members and that the Mayor nominate, and Council appoint, other
Committee members.
Councilmember Kerr stated staff thinks fifteen [Committee members]
is the maximum workable number; there are only eighteen to twenty
people on the list, which does not seem unworkable; another option
would be to allow each Councilmember to pick two members and the
Mayor pick three.
Mayor Appezzato stated the current process [staff recommendation]
is acceptable; the Mayor always nominates members of Board,
Commissions and Committees.
Councilmember Daysog questioned whether any Councilmembers were
Regular Meeting
Alameda City Council 6
March 20, 2001
interested in becoming involved [serving] on the Committee. There
being no response Councilmember Daysog noted said suggestion was
not accepted.
Councilmember Kerr stated residents should be selected, rather than
Business Association and Chamber of Commerce representatives.
Vice Mayor DeWitt inquired whether the Mayor was prepared to select
fifteen members, to which Mayor Appezzato responded in the
affirmative.
Councilmember Johnson stated there are neighborhood groups, small
property owners and large property owners represented; the list
looks inclusive; Board Members are residents of the community.
Mayor Appezzato nominated: Planning Board Member Marie Gilmore;
Historical Advisory Board Member Nancy Gill; a member of the
Recreation and Park Commission to be selected by the Commission;
Economic Development Commissioner John Abrate; Neighborhood group:
Debra Arbuckle; Small Property Owner: Jim Ramell; Large Property
Owners: Peter Wang and Joe Sordi; Business Located near the
Specific Plan Area: Wayne Milani; Local Architect: David Thruston;
Three At -Large Members: Marilyn Pomeroy, Stuart Rickard and Jean
Sweeney.
Councilmember Kerr requested that Douglas Holmes [Neighborhood
Group applicant] be added to the list.
Mayor Appezzato stated that he would not support said addition.
Councilmember Daysog stated that he concurred with Mayor
Appezzato's selection.
Councilmember Johnson moved approval of the selection process
[confirm appointment of Business Association Member Georgia Madden
and Chamber of Commerce Member Floyd Hibbits; Mayor nominate and
Council appoint Committee membership] and the Mayor's nominations.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(01 -149) Resolution No. 13326, "Requesting that CalTrans Prepare a
Project Study Report for Tinker Avenue Extension Project which
would Modify Access to State Route 61, Webster Street and
Authorizing the City Manager or His Designee to Negotiate and
Execute All Necessary Agreements." Adopted.
Jon Spangler, Bike Alameda, stated the Public Works Director
responded to most of the concerns in the letter [dated March 20,
Regular Meeting
Alameda City Council 7
March 20, 2001
2001] he submitted to Council; Public Works is working towards a
comprehensive transportation community, including bicyclists,
pedestrians and bus riders; the Deputy Public Works Director has
been receptive to integrating suggestions into the design; the
process and design evolution have been well done; compared to
previous options, 25% to 300 of taxpayers' money, about $4 Million,
will be saved.
Peter Lenhardt, Alameda, stated City staff has been receptive on
working out details of Tinker Avenue extension; the solution is
impressive; the dash [pedestrian crossing] across Webster Street is
still being resolved; urged Council to support the plan and finding
a Webster Street crossing solution.
Vice Mayor DeWitt inquired whether there are possible solutions for
the pedestrian pathway across Webster Street.
The Deputy Public Works Director stated pedestrian access will be
enhanced by including an additional crossing somewhere between the
new College of Alameda entrance and Mariner Square Loop; staff has
not had the opportunity to provide detailed designs, however, there
will be a crossing for pedestrians and bicycles.
Councilmember Kerr inquired whether the crossing would be a bridge,
to which the Deputy Public Works Director responded it will most
likely be an over crossing.
Councilmember Daysog inquired whether the bus stop at the corner of
Atlantic Avenue and Webster Street was moved away from the shopping
area.
The Deputy Public Works Director responded [bus] stops were
relocated in response to the College's desire to have direct bus
access to the campus and because Webster Street crossing created a
safety concern for students; at the open house [March 8, 2001],
staff identified a new proposal to have a split [bus] stop - -half a
block away from each other; there will be a [bus] stop in front of
the College and the northbound stop will remain in its current
location.
Councilmember Daysog inquired whether the bus stop at the corner of
Atlantic Avenue and Webster Street would remain in its current
location.
The Deputy Public Works Director responded the [bus] stop in front
of the Senior Center [Independence Plaza] will remain in its
present location; the stop southbound on Atlantic Avenue will move
to the College [entrance].
Regular Meeting
Alameda City Council 8
March 20, 2001
Councilmember Kerr thanked the Deputy Public Works Director for
including citizens' comments; stated the process was satisfying; at
the open house, people had an opportunity to have one -on -one
conversations with staff.
Councilmember Johnson moved adoption of the Resolution.
Councilmember Johnson stated the public input and staff's effort
have resulted in a good plan; at the open house, everyone seemed to
be impressed with the plan; the process has been successful.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(01 -150) Joan McMahon, Alameda, stated residents in the
neighborhood near the Island Paradise Club have tried to place
revoking the Club's business license on the Council Agenda since
January; submitted petitions with 21 signatures; stated neighbors
are kept awake due to pounding bass noise; after the Club closes,
patrons scream and play loud music in cars; neighbors would like
the City to address: public urination, public drinking and
littering.
(01 -151) Richard Hunter, Alameda, stated the Island Paradise Club
is a nuisance; bass noise from the Club wakes him up; the owners of
the Club are not interested in being good neighbors.
(01 -152) Guy Smith, Alameda, stated the Island Paradise Club
owners do not care about problems in the neighborhood; Club patrons
urinate on sidewalk, neighbors' yards and the parking lot behind
the Club; drug paraphernalia can be found around the Club; public
drinking is common around the Club; patrons play car stereos; the
noise is relentless; other bars' patrons do not create the same
problems; the neighbors want nothing less than the bar to leave the
neighborhood; requested the City Council to apply State of
California public nuisance laws, public nuisance common law and
case law against the Club and rid the neighborhood of the Club.
Mayor Appezzato stated if any laws are being violated, action needs
to be taken.
The Assistant City Manager, Operations stated the Police Department
has met with the Club owner and has monitored noise and activities;
Patrol Officers have dropped by to remind the owner to turn down
the music; there is regular monitoring; staff is reviewing Mr.
Smith's recommendation, from the last Council Meeting, regarding a
Regular Meeting
Alameda City Council 9
March 20, 2001
new way to measure decibel readings to take into account noises in
the lower register, which may solve one of the neighbors' problems.
Mayor Appezzato stated if there are public disturbances outside the
building, e.g. drunkenness, there should be arrests.
The Assistant City Manager, Operations responded there have been
arrests.
The City Manager stated staff would report back to the City Council
and neighbors; the Assistant City Manager, Operations is leading up
the staff team which is working on the high priority issue.
(01 -153) Jon Spangler, Alameda, stated the Tinker Avenue
extension, Webster Renaissance, Economic Development Strategic Plan
and the Northern Waterfront [Committee] are all examples of
community involvement; the City looses creativity by not having 500
community representation; the Webster Renaissance was successful
because eight out of fifteen members were private citizens, not
affiliated with organizations; the City should follow said model;
the process for formulating groups should be revised to keep from
selecting special interest groups representatives.
(01 -154) Plato Wang, Alameda, stated everyone is proud that Mayor
Appezzato will represent the City of Alameda when he visits the
State of Israel.
COUNCIL COMMUNICATIONS
(01 -155) Councilmember Daysog stated the City should consider ways
for two Councilmembers to have informal, staff - assisted
communications with City of Oakland Councilmembers; there are a
wide variety of issues, e.g. Alameda Point and Northern Waterfront
estuary, which deal with the City of Oakland; perhaps semi - annual
or quarterly informal discussions could be held.
Mayor Appezzato requested the City Manager to discuss the matter
with the City Manager of Oakland.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 10:52 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
Agenda for meeting was posted in accordance with the Brown Act.
Regular Meeting
Alameda City Council 10
March 20, 2001