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2001-09-04 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - SEPTEMBER 4, 2001 - - 7:30 P.M. Mayor Appezzato convened the Regular City Council Meeting at 7:55 p.m. Andy Viarnez, Tyler Viarnez and Zack Hinton from Scout Troop 3 led the Pledge of Allegiance. Pastor Samuel Butler, Love Fellowship Church, gave the Invocation. 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 -460) Proclamation declaring the week of September 4 - 8, 2001 as Adult Literacy Week in the City of Alameda. Mayor Appezzato read the proclamation and presented it to Donna Danielson, Adult Literacy Program Director. (01 -461) Proclamation declaring the week of September 17 - 23, 2001 as National Pollution Prevention Week and Announcement of Mercury Thermometer Exchange Program. Mayor Appezzato read the proclamation and presented it to Maria DiMeglio, Waste Management Specialist. (01 -462) Mayor Appezzato announced that the City made recycling a priority because Alameda was the second worst community in waste reduction; now, the City leads Alameda County cities in source reduction, which is a credit to all citizens in Alameda; as the City moves forward with new recycling and garbage pick -up next year, services might include pick -up of food waste; Alamedans should be proud of the accomplishment. CONSENT CALENDAR Mayor Appezzato announced that the recommendation to award Contract to Aztec Consultants for Carnegie Improvements [paragraph no. 01- 464] was removed from the Consent Calendar for discussion. Councilmember Johnson moved approval of the remainder of the Consent Calendar. Regular Meeting Alameda City Council 1 September 4, 2001 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 -463) Minutes of the Special City Council Meeting (Closed Session) , the Special Joint City Council, Community Improvement Commission and Alameda Public Financing Authority Meeting and the Regular City Council Meeting held on August 21, 2001. Approved. (01 -464) Recommendation to award Contract to Aztec Consultants in the amount of $3,401,000 for Carnegie Phase 1 Improvements, No. P.W. 08- 99 -22, and authorize additional funds. Councilmember Johnson stated the City Council is approving an over $3 Million Contract for Carnegie Building improvements. Councilmember Johnson moved approval of the staff recommendation. Councilmember Kerr seconded the motion. Under discussion, Mayor Appezzato stated $788,000 is coming from the Office of Emergency Services /Federal Emergency Management Agency, $1,464,000 from Certificates of Participation and the City will reallocate $178,000 from General Fund Reserves; the Carnegie Building has been closed and vacant, the City is taking the first step to make it habitable again and restore its original luster and beauty. Councilmember Johnson stated hopefully, members of the community will believe that there are no intentions to demolish the building. Mayor Appezzato noted the City is preserving its architecture. On the call for the question, the motion carried by unanimous voice vote - 5. ( *01 -465) Recommendation to authorize the installation of All -Way Stop Control at the intersection of Central Avenue and Walnut Street. Accepted. ( *01 -466) Recommendation to approve modification of 2000 -02 Capital Improvement Program (CIP) by: a) adding the Lincoln Park Basketball Court Project (CIP #96 -09); b) deferring the Resurface Various Tennis Courts Project (CIP #96 -11); and c) reallocating $32,000 in Athletic Trust Fund Monies. Accepted. ( *01 -467) Resolution No. 13388, "Amending the Alameda Management Regular Meeting Alameda City Council 2 September 4, 2001 and Confidential Employees Association (M.C.E.A.) Salary Resolution by Establishing the Classification of and the Salary for the Position of Financial Services and Budget Manager." Adopted. ( *01 -468) Ratified bills in the amount of $1,913,422.38 REGULAR AGENDA ITEMS (01 -469) Resolution No. 13389, "Reappointing John L. Abrate as a Member of the City Economic Development Commission." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (01 -470) Resolution No. 13390, "Reappointing Pattianne N. Parker as a Member of the City Economic Development Commission." Adopted. Councilmember Daysog moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (01 -471) Resolution No. 13391, "Appointing Robert F. Kelly as a Member of the City Economic Development Commission." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. * * * Mayor Appezzato called a recess to hold a Special Community Improvement Commission Meeting at 8:19 p.m. and reconvened the Regular City Council Meeting at 9:15 p.m. * * * (01 -472) Public Hearing to consider an Appeal of the Planning Board's Finding that the project is incomplete and that additional information must be submitted for a proposed Commercial Office Complex to replace an existing Retail Commercial Complex at the Bridgeside Shopping Center. The property is located at 2523 Blanding Avenue within the C -2 /PD Central Business District /Planned Development Combining Zoning District. Applicant /Appellant: Eric Starr on behalf of Carl Pines /IRES California. (01 -472A) Resolution No. 13392, "Upholding the Planning Board's Determination that an Application for Planned Development, Use Regular Meeting Alameda City Council 3 September 4, 2001 Permit and Major Design Review is Incomplete for Processing, filed by Carl Pines /IRES (California) , Inc. for Property Located at 2523 Blanding Avenue." Adopted. There being no speakers, Mayor Appezzato closed the public portion of the Hearing. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. Mayor Appezzato called a recess at 9:16 p.m. and reconvened the Regular City Council Meeting at 9:34 p.m. (01 -473) Public Hearing to consider Call for Review, by Councilmember Kerr, of the Planning Board's decision to return residential infill projects to staff level action. Councilmember Kerr stated the Traffic Management Capacity Plan projected around 70 infill projects; any single plan involving 70 units would trigger an evaluation of mitigation measures for its effect on remaining Tube capacity; the need for Planning Board review should not be reduced because projects are addressed individually, particularly west of Grand Avenue; abuses associated with infill projects caused the formation of Alamedans for a Better City; buildings were erected closer to the street than plans indicated; staff approved a 20 -foot, two -story extension for a building with a seven inch side yard; however, the Planning Board denied the project; people in central Alameda were fed up with staff approving ill - conceived infill projects and the destruction of design integrity; there was a successful movement to have all infill projects heard by the Planning Board; Planning Board hears are advantageous because agendas are widely disseminated, e.g. posted on Channel 15 [Government access channel] and the City's website, and sent to subscribers; more people are aware of items on the Planning Board agenda, than administrative reviews; administrative reviews are not included in the monthly reports; staff diligently followed guidelines only after mandatory review by the Planning Board began; the system works; the recommendation is to have only 10 hours of staff time devoted to an infill project; serious attention cannot be given to an infill project in 10 hours; further stated frequently, cars are parked in backyards; when units are added, informal parking [in backyards] disappears; new units are required to meet Code parking; however, existing units' deficiencies are grand- fathered; cars previously parked in backyards are parked on the street; central Alameda is running out Regular Meeting Alameda City Council 4 September 4, 2001 of street parking; when the Planning Board addressed the matter, a Board Member's comments included: 1) public hearings need to be triggered if there is controversy; 2) the amount of annual infill projects is not a significant load for the Planning Board; and 3) policy for infill project should be written for future staff; said concerns were not addressed; only residents within 300 feet will be notified; residents who want a Planning Board hearing will have to pay an appeal fee; having the Planning Board hear infill projects resulted in better planned projects, better notification to the public -at -large and kinks were worked out prior to Planning Board consideration; when projects were not required to be heard by the Planning Boards, things were a mess; there has been great improvement; infill projects should continue to be heard by Planning Board automatically. Mayor Appezzato opened the Public Hearing. Proponents (In Favor of Call for Review): Susan McCormack, Alameda; and Andrew McCormack, Alameda. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Mayor Appezzato stated that he would not support the Call for Review; the Planning Board's decision was unanimous; requested Planning Board Member Frank Matarrese to discuss the matter. Frank Matarrese, Planning Board Member, stated that during the Planning Board discussion, he raised the issues of concern to Councilmember Kerr; notification was addressed; the history was reviewed; since staff has used the guidelines, there has been a good track record; based on the record and performance of staff, applicants should be relieved of unnecessary burden [Planning Board hearings]; if an appeal is approved, the appellant does not have to pay a fee; the process will be streamlined without losing notification and with due process of appeal. Mayor Appezzato inquired whether the Planning Board decision was unanimous, to which Mr. Matarrese responded in the affirmative. Mayor Appezzato inquired whether the Planning Board considered streamlining the process important. Mr. Matarrese responded in the affirmative; stated several Board Members raised the issue, which was discussed extensively. Councilmember Kerr stated Planning Board agendas are posted on Channel 15 [Government Access Channel] and on the City's website; Planning Board agendas have much wider distribution than letters to Regular Meeting Alameda City Council 5 September 4, 2001 residents within 300 feet. In response to Councilmembers Kerr inquiry regarding other concerns, Mr. Matarrese stated the number of infill projects has not been a burden on the Planning Board; however, the Board discussed the burden on individuals completing infill projects. Councilmember Kerr stated the democratic process is not necessarily efficient; there should be respect for surrounding property owners and people interested in guarding historic preservation in the City of Alameda; before the Planning Board requirement was established, there were many problems with infill projects. Mr. Matarrese stated the track record indicates infill projects have been dealt with appropriately since the guidelines were established; there has not been controversy; design review protects the surrounding neighborhood; the Planning Board discussed the issue at great length. Mayor Appezzato stated the City is undertaking many projects, including two major developments at the former Navy Base [Alameda Point]; the City should streamline the public process; citizens should be allowed to move quickly on projects; that he has confidence in City staff; the Planning Department is overwhelmed and still does a fantastic job; if needed, the Planning Board or Council can step in. Councilmember DeWitt inquired whether the procedure is being revised because numerous infill projects have been reviewed with little or no controversy during the past four years. The Planning and Building Director responded in the affirmative; stated in 1995, there was controversy over projects; a group formed and there were Planning Board discussions; at that time, staff's recommendation was to have infill projects heard by the Planning Board; during hearings on several infill projects, public testimony and Planning Board discussion were summarized as a set of infill guidelines; the Planning Board adopted the guidelines; infill projects, which meet the guidelines, have been on the Consent Calendar and acted upon without public testimony or [Planning] Board discussion. Vice Mayor DeWitt inquired whether Planning staff would choose which applications are heard by the Planning Board. The Planning and Building Director responded if staff finds a project meets guidelines, neighbors are notified, and no concerns are raised, staff will take action [approve project]; if staff cannot reach an agreement with the applicant, the project will be Regular Meeting Alameda City Council 6 September 4, 2001 scheduled for Planning Board action; if neighbors contact staff with concerns which cannot be resolved with the applicant, staff would place the matter on a Planning Board agenda to allow both parties to be heard. Vice Mayor DeWitt inquired how the City will ensure there is adequate design review on infill projects, to which the Planning and Building Director responded guidelines were established to ensure projects meet requirements. Vice Mayor DeWitt inquired whether staff would continue to process plans, parking requirements and design review in the same manner. The Planning Director responded in the affirmative; stated criteria will continue to be used; rather than placing a matter on the Planning Board agenda, the decision will be issued with right of call for review and appeal. Vice Mayor DeWitt inquired how the Planning Board would know a project should be reviewed. The Planning and Building Director responded if people are unhappy with projects, it is usually drawn to someone's attention; however, the Planning Board would not receive specific notification of infill projects. Councilmember Johnson stated the guidelines were adopted internally by the Planning Board, not at Council direction; the guidelines will remain in place, other than the provision that all infill projects are reviewed by the Planning Board; inquired whether the guidelines should be formalized. The Planning and Building Director responded the guidelines were formally adopted by the Planning Board. In response to Councilmember Johnson's inquiry regarding whether or not following the guidelines would be an appealable action, the Planning and Building Director stated any staff action is appealable. Councilmember Johnson inquired whether a violation of the guidelines would be technically appealable, to which the Planning Director responded said reason could be the basis for an appeal. Councilmember Johnson stated the Planning Board adopted the policy; if the Planning Board does not believe placing the matter on a Planning Board agenda is necessary, she concurs; there could be a procedure to inform the Planning Board of infill projects and decisions to allow the Board to monitor whether the process is Regular Meeting Alameda City Council 7 September 4, 2001 working; infill projects were controversial; since the guidelines have been in place, there have been no problems with infill projects. The Planning and Building Director stated approvals of infill projects could be transmitted to the Planning Board to inform the Board of the project and conditions. Councilmember Johnson stated said action would allow the Planning Board to monitor the new policy and determine whether it is working. Councilmember Kerr requested approvals be provided to Council, too. Councilmember Daysog stated infill housing was of critical concern to residents throughout Alameda when he ran for City Council; that he promised the voters that he would not make infill easy; the current system should remain in place. Mayor Appezzato stated Planning Board and Council oversight has been addressed; the process should be streamlined. Councilmember Kerr moved approval of overturning the Planning Board's decision [upholding the call for review]. Councilmember Daysog seconded the motion. THE MOTION FAILED by the following voice vote: Ayes: Councilmembers Daysog and Kerr - 2. Noes: Councilmembers DeWitt, Johnson and Mayor Appezzato - 3. Councilmember Johnson moved approval of upholding the Planning Board's decision, with the condition that formalized Guidelines adopted in 1996 remain in effect, except 1) infill projects shall no longer be presented to the Planning Board and 2) infill applications shall be provided to the Planning Board and City Council until further direction. Vice Mayor DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers DeWitt, Johnson and Mayor Appezzato - 3. Noes: Councilmembers Daysog and Kerr - 2. (01 -474) Recommendation to designate the Linoaks Site as the preferred location for the future Main Library Project. (Library Board) Accepted. The Library Director provided a Power Point presentation outlining milestones in the Main Library Project, including: selection of library building consultant, community needs assessment, library Regular Meeting Alameda City Council 8 September 4, 2001 plan of service, building program, site selection, selection of architect and the grant application process. Councilmember Johnson suggested information and briefings be provided to the City Council to keep the proposed timeline from being pushed back. Councilmember Kerr stated that she concurs with Councilmember Johnson's suggestion; the finances of the Agreement with Alameda Unified School District should be spelled out for Council in advance to prevent delay in the tight timeline. Mayor Appezzato noted the [grant] application is due in June, 2002. Karen Butter, Library Board President, stated there has been a long struggle for a larger, modern Main Library; successful passage of Measure 0 last November was a significant achievement and indication that the project has strong community support; the Library Board worked with a site selection consultant to develop an extensive list of sites, including renovation and expansion of the Carnegie Building; community -wide meetings produced a list of 10 possible sites; the Library Board held well- advertised Public Hearings to receive comment; most people expressed a strong desire that the City move forward with the site which would be most advantageous to receive State funds; at its August 8th meeting, the Library Board voted to recommend the Linoaks as the preferred site for the Main Library. Pauline Kelley, Alameda, stated that she is in favor of the Linoaks site; citizens recommended that the City purchase the Linoaks site for the Main Library many years ago. Robb Ratto, Park Street Business Association (PSBR), stated PSBA's Board of Directors voted unanimously to approve the Library Board's recommendation that Council select the Linoaks site as the new Main Library; thanked the Library Director and Library Board for the extensive and inclusive [site selection] process; further stated PSBR is pleased with the Council's earlier action regarding the Carnegie Building [paragraph no. 01 -464]; the Carnegie Building should be rehabilitated for a future appropriate use, e.g., museum. Marilyn Ng, Friends of the Alameda Free Library, stated there have been a number of site studies over the years; after a four -year study of 27 sites, the Linoaks property was purchased; this year, a consultant conducted a series of public hearings; the conclusion was the Linoaks is the most economically feasible location for the new Main Library; the Carnegie Building was constructed to serve a population of 20,000; due to the hard work and dedication of Library 2000, Alameda voters approved a bond measure by over 75% to Regular Meeting Alameda City Council 9 September 4, 2001 provide the State - required one -third local matching funds; on behalf of the Friends of the Library, urged the City Council to accept the Library Board's recommendation. Kate Quick, Alameda, stated that she attended all three [site selection] meetings which were open to the public; there was careful evaluation of numerous criteria to determine a good library site; at the end of each meeting, the almost unanimous conclusion was that the site which could be immediately guaranteed should be selected; the citizens voted to have a library without knowing the site; urged the Council to locate the new Library at the Linoaks site. Marilyn Ezzy Ashcraft, Library 2000 and Library Building Team Member, stated that last November, Alameda voters overwhelming passed Measure 0, which provides 350 of the cost of building a new library and allows Alameda to apply for the remaining 650 [of funding] from the State; the Library Building Team visited libraries in neighboring communities; the Library has been housed in inadequate quarters for years. Frank Matarrese, Library 2000, stated funding has been identified; there has been an inclusive public process to identify the site; urged Council to approve the Library Board's recommendation. Mayor Appezzato stated that after searching for a library site for many years, Mayor Chuck Corica and City Councilmembers bought the Linoaks Motel in 1989; the first bond measure failed; the second measure passed overwhelmingly; that he will support the Linoaks as the new Main Library site. Councilmember Johnson stated in the past, meetings regarding Library site selection would fill the Council Chambers; the issue has become non - controversial, which is a tribute to the public process; the bond measure was passed, far exceeding the number of votes needed; the City should move forward. Councilmember Johnson moved approval of the Library Board's recommendation to select the Linoaks site as the site of the Main Library. Councilmember Daysog seconded the motion. Under discussion, Councilmember Daysog stated the City should get out of the motel business and into the library business. Vice Mayor DeWitt inquired whether the State has issued bonds, to which the Library Director responded that she has not heard that the State has issued bonds. Regular Meeting Alameda City Council 10 September 4, 2001 Councilmember Kerr stated that she ran for office in 1996 and 2000 on the platform of expanding the Carnegie Building; that she is pleased Measure 0 passed and will support the further process to ensure a new library is built; however, she will not vote for the Linoaks site. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. (01 -475) Ordinance No. 2861, "Levying Special Taxes Within Community Facilities District No. 4 (Demolition and Backbone Infrastructure - FISC and East Housing Sites)." Finally passed. Councilmember Daysog moved final passage of the Ordinance. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (01 -476) Ordinance No. 2861, "Approving and Authorizing Execution of Lease Agreement Between Grand Edibles, Inc., as Lessee, and the City of Alameda, as Lessor, for the Lease of Real Property at 300 Island Drive." Finally passed. Councilmember Johnson moved final passage of the Ordinance. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON- AGENDA (01 -477) Susan McCormack, Alameda, stated Webster House Bed and Breakfast needs a rebuild letter which states the City would allow the home to be rebuilt if it burned down; that she obtained a copy of the Secretary of Interior Standards for the Treatment of Historic Properties with guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings; the house is historically significant, a Gothic Revival, the only one of the type of architecture in the City of Alameda; if plans are on file with the City, the house could be reconstructed, considered a historic replica and listed on the National Register; the legal, conforming Bed and Breakfast would be a C -1, Commercial, usage on the property; neighbors would not want a gas station, bakery, dental office or other commercial use on the residential street; development standards must be followed; inquired whether the City would consider adopting a Resolution for properties, historic in nature, which do not have guidelines; stated the structure could be Regular Meeting Alameda City Council 11 September 4, 2001 rebuilt if replica plans are on file; that she provided a copy of the Standards to the City Attorney's Office. Mayor Appezzato stated the matter cannot be discussed; the City Manager, City Attorney and Planning Director can be asked to work with Ms. McCormack. The City Attorney responded there have been a number of meetings; Ms. McCormack has been advised on the issue; staff will continue to work with Ms. McCormack. Councilmember Johnson inquired whether the zoning would prevent rebuilding. The City Attorney responded a status report could be provided; there have been prior meetings with the City Manager's Office, Planning Department and the City Attorney's Office; all three departments concurred on a position, which the McCormacks do not like. Councilmember Johnson stated everybody would want the house rebuilt; something commercial should not be on the site; inquired whether options could be explored. The City Attorney responded staff could take directive to explore options and provide a status report on the matter, including Municipal Code constraints. Ms. McCormack stated in order for a Bed and Breakfast to be a legal, conforming use in the City of Alameda, the property must be zoned C -1 [Commercial]; a Use Permit does not continue the income and perpetuity to a lender. COUNCIL COMMUNICATIONS (01 -478) Mayor Appezzato requested a presentation by Alameda Power & Telecom (AP &T) on the sources of power used by the City to generate electricity, e.g. thermal and hydro, including percentages; stated AP &T should explain its future vision for alternative and biodegradable fuels, which do not pollute the environment; almost 1000 of the fuel is green [environmentally friendly]. In response to the City Manager's inquiry regarding the length of the presentation, Mayor Appezzato stated it should be long enough to make citizens feel comfortable that staff and the Public Utilities Board are knowledgeable and concerned. (01 -479) Councilmember Daysog stated in the future, Councilwoman Regular Meeting Alameda City Council 12 September 4, 2001 Barbara Lee might not represent Alameda due to redistricting; if so, requested that the City send a letter thanking Congresswoman Lee, who was instrumental in helping the City get through the military base conversion process; stated the City should also welcome back Congressman Pete Stark, who previously represented Alameda. Mayor Appezzato stated there will be a vote by September 14; Alameda's State Senator Don Perata is leading redistricting. Councilmember Kerr stated redistricting maps which effect Alameda are posted on her website; Alameda was in Congressman Stark's district in 1990, when the district was not dominated by one city; Congressman Stark held regular town meetings. Mayor Appezzato stated Congresswoman Lee represented Alameda quite well. Councilmember Daysog stated Congresswoman Lee has been a member of the Alameda Democratic Club and her District director and another staff member reside in Alameda. (01 -480) Councilmember Kerr announced Art in the Park, with original art by Alameda artists, would be Sunday, September 9, from 11:00 a.m. to 5:00 p.m. in Jackson Park; noted there would also be a dedication ceremony for the renovated bandstand. (01 -481) Councilmember Kerr stated Alameda Point Master Developer Proposals were on -line at AlamedaPoint.org; the City has come a long way with computerization; the Information Technology Director is forward thinking. (01 -482) Councilmember Johnson stated the City Council has voted on the library site selection and approved work on the Carnegie Building; the City should begin reviewing what will be done with the Carnegie Building. The City Manager stated a recommendation will be presented to the Council within the next 30 days regarding a funding source for the mechanical and electrical improvements to the first floor, which would allow the building to open. Mayor Appezzato stated that he would like to know the cost to put the entire building back into operation as quickly as possible; Council can decide whether or not to approve funding; the building would the perfect site for a museum or community center; there are many things which can be done to round out the civic center. Councilmember Johnson stated funding sources might be available. Regular Meeting Alameda City Council 13 September 4, 2001 ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 11:08 p.m. Respectfully submitted, Lara Weisiger Acting City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 14 September 4, 2001