2000-03-21 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MARCH 21, 2000- -7:30 P.M.
Mayor Appezzato convened Meeting at 7:38 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
(00 -128) Presentation of Plaques to Alameda Reuse and
Redevelopment Authority Regional Members in recognition of
exemplary service.
Mayor Appezzato presented plaques to: Sandre Swanson,
representative for Congresswoman Barbara Lee; Alameda County
Supervisor Wilma Chan; and Mayor Sheila Young and alternate
Kathleen Ornelas of San Leandro. [Roberta Brooks, Alternate for
Congresswoman Barbara Lee, and Jay Leonhardy, City of Oakland
representative, were not in attendance.]
(00 -129) Mayor Appezzato announced that the City of Alameda
received the California Recreation and Community Service Program
Agency Showroom Award of Excellence for the community build of the
Skate Park; presented the award to Carolyn Knudtson, Senior
Recreation Supervisor, Leslie Medine, Executive Director of
Alternatives for Action and HOME Project Director, and students
Robbie Hanson and Daniel Osborne.
CONSENT CALENDAR
Mayor Appezzato announced that the report recommending
participation in the Lead Poisoning Prevention Program [paragraph
no. 00 -1311 was withdrawn from the Consent Calendar for discussion.
Councilmember Johnson moved approval of the remainder of the
Consent Calendar.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk preceding the paragraph number.]
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( *00 -130) Minutes of the Special and Regular City Council Meetings
held on March 7, 2000. Approved.
(00 -131) Recommendation to continue participation in the Alameda
County Lead Poisoning Prevention Program.
Councilmember DeWitt stated the City of Alameda has done an
excellent job; Victorian homes have lead paint; the County program
has assisted with safely renovating 35 units in Alameda during
1999.
Steve Schwartzberg, Director, Alameda County Lead Poisoning
Prevention Program, thanked Councilmembers DeWitt and Kerr and the
City's Community Development Manager.
Councilmember Kerr inquired whether cleanup of childcare centers is
being reviewed.
Mr. Schwartzberg responded in the affirmative; stated a HUD Grant
Application is being completed; other issues, such as mold,
integrated pest management, and safety, are being reviewed for
daycare centers.
Councilmember DeWitt moved approval of the staff recommendation.
Councilmember Kerr seconded the motion.
Under discussion, Councilmember Johnson stated everybody in Alameda
needs to be aware of the potential dangers.
On the call for the question, the motion carried by unanimous voice
vote - 5.
( *00 -132) Recommendation to authorize submission of Application and
enter into Agreement for Every Child Counts Service Development and
Community Grants Initiative 2000 for Smart Healthy Babies Home
Visit Program. Accepted.
( *00 -133) Resolution No. 13192, "Authorizing Purchase of Six Pool
Vehicles Using the State of California, Department of General
Services, Procurement Division, Competitive Bid Award." Adopted.
( *00 -134) Resolution No. 13193, Adopting the Amended and Restated
Public Agency Retirement System (PARS) Trust Agreement." Adopted.
( *00 -135) Ratified bills in the amount of $2,079,520.66.
REGULAR AGENDA ITEMS
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(00 -136) Public Hearing to consider a request for approval of
Initial Study IS 99 -08, for a Mitigated Negative Declaration under
the California Environmental Quality Act, a General Plan Amendment,
GPA 99 -03 to allow 100,000 square feet of assisted living
facilities for frail elderly persons in the M -U -2 (Specified Mixed
Use /Mariner Square) General Plan area, and Rezoning R -99 -03 to
establish a Planned Development Combining Zoning District for the
site within the M -2 General Industrial /Manufacturing Zoning
District; and Call for Review by Mayor Appezzato of the Planning
Board approval of Planned Development PD 99 -04, Use Permit 99 -27
and Major Design Review DR 99 -74, for 4.26 acres of land and 3.09
acres of water located at 2415 Mariner Square Drive adjacent to the
Estuary. Applicant: Aegis Assisted Living and Mariner Square
Associates;
(00 -136A) Resolution No. 13194, "Adopting a Mitigated Negative
Declaration, IS- 99 -08, and Mitigation Monitoring Program for
General Plan Amendment GPA- 99 -03; Rezoning R -99 -03 Planned
Development PD- 99 -04; Use Permit UP- 99 -27; and Design Review DR 99-
74, for Construction of a 103 -Room Assisted Living Facility and a
Storage Building for Up to 170 Boats, with Docks and Parking
Reconfigured on a 7.35 Acre Site, Mariner Square." Adopted;
(00 -136B) Resolution No. 13195, "Approving General Plan Amendment
GPA 99 -03 at 2415 Mariner Square Drive, for Aegis Assisted Living
and for John Beery Jr. /Mariner Square." Adopted;
(00 -136C) Ordinance Reclassifying and Rezoning Property at 2415 and
2455 Mariner Square Drive from M -2 General Industrial /Manufacturing
Zoning District to M -2 /PD General Industrial /Manufacturing Zoning
District with a PD Planned Development Combining Zoning District.
Introduced; and
(00 -136D) Resolution No. 13196, "Sustaining Planning Board Approval
of Planned Development 99 -04; Use Permit UP- 99 -27, and Design
Review DR 99 -74 for an Assisted Living Facility, a Dry Boat Storage
Building and Floating Docks with Piers at Mariner Square, for Aegis
Assisted Living and for John Beery Jr. /Mariner Square." Adopted.
The Development Review Manager gave a brief presentation on the
proposed project and the shoreline trail.
Mayor Appezzato stated trail access is a major concern.
Mayor Appezzato opened the public portion of the Hearing.
onents (not in favor of Call for Review)
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Len Grzanka, Alameda;
Paul Fossum, Alameda; (submitted letter)
Rich Krinks, Applicant, Mariner Square & Associates; (submitted
letters)
Bill Mabry, Applicant, Aegis.
Proponents (in favor of Call for Review)
Jim Sweeney, Alameda;
Jean Sweeney, Alameda;
William Smith, Sierra Club;
Wendell Stewart, Alameda;
Vince Mackel, Alameda;
Pattianne Parker, Alameda;
Bill Smith, Alameda.
Following the comments by Mr. Krinks, Applicant, Mariner Square &
Associates, Mayor Appezzato inquired whether the boat storage
facility is going over a vacant waterhole, to which Mr. Krinks
responded in the affirmative.
Mayor Appezzato inquired whether boats would be brought out to the
left of the Pasta Pelican Restaurant and the right of the Fleet
Industrial Supply Center (FISC), to which Mr. Krinks responded in
the affirmative.
In response to Mayor Appezzato's inquiry regarding a boardwalk
along the water connecting to the FISC property, Mr. Krinks stated
there are docks which are the property of Mariner Square and
Associates.
Councilmember DeWitt asked the number of feet in front of the boat
storage facility, to which Mr. Krinks responded 127 feet.
In response to Councilmember DeWitt's inquiry regarding the width
of the boat storage facility doorway, Mr. Krinks stated the doorway
is approximately 55 feet.
Councilmember DeWitt further inquired what is dry dock storage?
Mr. Krinks responded dry storage is an environmentally correct way
to store boats; boats are taken out of the water and stored on
land; the building will house boats on racks.
Councilmember DeWitt inquired how people would use boats, to which
Mr. Krinks responded individuals would call whenever they want to
use their boats and the facility would put the boat in the water.
In response to Mayor Appezzato's inquiry regarding whether storage
is short -term or long -term, Mr. Krinks stated storage could be
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either.
Councilmember Johnson inquired whether Mr. Krinks proposes to route
the trail behind the Aegis facility and the boat storage facility,
to which Mr. Krinks responded in the affirmative.
In response to Councilmember Johnson's inquiry regarding the amount
of feet the trail will detour from the shoreline, Mr. Krinks stated
that he has not calculated the feet.
Councilmember Kerr stated the detour around the back of the
buildings will require adjacent property owners to supply land for
the trail; inquired the distance between the Aegis building and the
boat storage building.
Mr Krinks responded there is a sidewalk, a parking space and a
driveway between the two buildings; it is probably 40 to 50 feet
from the corner of the Aegis building to the boat storage building.
Councilmember Kerr stated that there will be industrial use
adjacent to a residence for frail, elderly people.
Mr. Krinks stated the boat storage facility will give those living
in the Aegis facility something to do.
In response to Councilmember Kerr's inquiry regarding the hours of
operation of the storage facility, Mr. Krinks stated the plan
states 7 a.m. to 6- or 7 p.m.
Councilmember Kerr stated strong lighting would be required due to
late hours of operation; in other parts of Alameda, industrial
lighting glares into windows of residences; shielded lighting does
not work; inquired why extensive lighting would be needed if the
boat storage facility will operate until 6- or 7 p.m. only.
Mr. Krinks responded Mariner Square & Associates did not state
extensive industrial lighting would be used; City staff stated
there was a potential need for said lighting; it is not Mariner
Square & Associates' requirement.
Councilmember Kerr stated there is not landscaping between the
parking on the waterside of the Aegis building and the promenade;
there is normally a buffer zone of three feet between parking lots
and other uses; there should be visual shielding of the parked
cars.
Councilmember Johnson requested staff to indicate how the trail
would reconnect to the water.
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The Development Review Manager responded the trail is proposed to
relocate along the Catellus property; stated Catellus
representatives submitted a letter requesting the trail be
relocated to the first public street, rather than along the
property line; the exact alignment is not clear, however, the
matter would be resolved prior to issuing building permits.
Mayor Appezzato stated boats will go in and out of the water
depending on the usage boat owners; Nelson Marine at Alameda Point
puts boats in and out of the water using a crane which goes across
a roadway where people drive and walk; inquired whether Nelson
Marine's business is primarily maintenance or storage.
Mr. Krinks responded Nelson Marine is entirely different and has
mostly maintenance and long -term storage; everyday, Mariner Square
& Associates will remove boats from storage for day trips.
Mayor Appezzato stated there is a precedence [Nelson Marine];
although usage might not be as high.
Vice Mayor Daysog inquired whether the City Risk Manager or City
Attorney evaluated said risk.
The Development Review Manager responded staff is aware that there
might be conflicts, however, specific concerns were not evaluated;
staff proposed a gate be closed when the forklift is operating.
Councilmember Kerr stated the Aegis facility is expected to have
typical commercial lighting requirements; inquired the type of
lights that will be used.
Mr. Mabry, Applicant, Aegis, responded acorn -style lights will be
used to create a park -like setting throughout the Aegis Facility.
In response to Councilmember Kerr's inquiry regarding Mariner
Square & Associates use of industrial lighting, Mr. Mabry responded
the lighting plan will be reviewed by the Planning Director prior
to issuance of permits; the lighting will be needed at the front
doors of the boat storage facility only.
There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Mayor Appezzato stated the Planning Board voted unanimously for the
project; that he requested the Call for Review because continuous
public access to the waterfront would be interrupted; Harbor Bay
has complete access to the waterfront, as will Alameda Point and
the FISC site; Bay Conservation and Development Commission (BCDC)
recently approved public waterfront access from the Pasta Pelican
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Restaurant past Barnhill Marina; both the City and BCDC asked the
Applicant [Mariner Square & Associates] to provide a plan for
extending the shoreline trail westward toward FISC; the Catellus
project proposes open space one mile -long by 150 feet -wide; said
significant park area should connect to shoreline trails heading
east and toward Marina Village; accommodation for 127 feet [in
front of boat storage facility] should be made; however, a detour
behind facilities would disturb the ambiance and beauty of the
Island; if the use is not safe, the matter can be reviewed in one -
year; inquired whether the matter of lighting will return to
Council.
The Planning Director stated lighting is a staff action under the
Conditions of Approval; however, Council can request that the
matter be addressed by the Planning Board or returned to the City
Council.
Mayor Appezzato stated the Aegis project would not be effected by
continuing the shoreline trail along the waterfront; that he will
support continuing the trail along the waterfront; complimented the
Applicants for including a waterfront park in Plans; further stated
that the shoreline trail should be extended from the Pasta Pelican
Restaurant to the FISC site; the City should be creative and find a
way to make it work.
Councilmember Kerr suggested that lighting and exterior visual
impact of the boat storage building be reviewed by the Planning
Board.
Vice Mayor Daysog stated the public trail should be continued;
staff can address the matter of ensuring safe access.
Councilmember Johnson stated continuous public access to the
shoreline should continue; maritime use of the boat storage
building should be allowed; and Harbor Bay has an assisted living
facility on the water which works well.
Councilmember Johnson moved the Planning Board decision, with
regard to shoreline access, be reversed.
The Planning Director stated if the Council's will is to require
access along the shoreline, a new Condition 22, Public Access, was
provided.
Mayor Appezzato inquired whether the lighting and [boat storage]
building will undergo design review.
Councilmember Kerr responded the matter is slated to be addressed
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by staff; that she is requesting it be reviewed by the Planning
Board.
The Development Review Manager stated Councilmember Kerr is
correct; the Condition reads staff would review plans prior to
issuance of a building permit; Councilmember Kerr is requesting
Planning Board review.
Councilmember Kerr stated that she is recommending a language
change requiring the Planning Board to address visual impact and
lighting.
The Planning Director stated Council is considering Design Review;
and explained that Councilmember Kerr is requesting specific
Conditions be heard at a Planning Board Public Hearing.
Councilmember DeWitt stated taking the boats in and out [of the
Boat storage facility] creates a safety problem in the area;
measures should be taken to prevent accidents, e.g. restriction of
hours or use of a fence; the matter will be revisited after a year.
Councilmember Johnson stated staff addressed the safety issue; that
she would not be opposed to safety alternatives other than gates;
the matter should be left open for staff to review.
Vice Mayor Daysog seconded the motion.
Mayor Appezzato requested a clarification of the motion.
The City Attorney suggested Council approve the staff
recommendation, including related actions [adoption of Resolutions
and introduction of Ordinance], and approve Condition 22 [Public
Access] as presented by the Planning Director this evening.
Councilmember Kerr stated the Resolution [No. 13196] should be
amended by directing the Planning Board, rather than only staff, to
review the Conditions of Lighting and Visual Impact of Buildings;
and that she will support trail access on the shoreline.
The City Attorney inquired whether Councilmember Kerr was
presenting a substitute motion.
Councilmember Kerr inquired whether Councilmember Johnson would
amend her motion.
Councilmember Johnson stated that she does not have a problem with
the matter going before the Planning Board; inquired whether the
Planning Board has completed Design Review.
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The Planning Director stated Design Review is before Council; there
are a number of Conditions for staff to work out with the Applicant
in conjunction with moving through the building permit process;
Councilmember Kerr is requesting that two aspects, lighting design
and treatment of the boat storage building, go before the Planning
Board.
Councilmember DeWitt stated that he would support [Councilmember
Kerr's] amendment.
Councilmember Johnson agreed to amend her motion.
Vice Mayor Daysog seconded the amended motion, which carried by
unanimous voice vote - 5.
Mayor Appezzato called a recess at 9:27 p.m. and reconvened the
Regular Meeting at 9:40 p.m.
(00 -137) Public Hearing to consider Certification of the
Environmental Impact Report for the Reuse of Naval Air Station
Alameda and the Fleet Industrial Supply Center, Alameda Annex and
Facility; and
(00 -137A) Resoluti
Impact Report for
Fleet Industrial
Adopted.
)n No. 13197, "Certifying the Final Environmental
the Reuse of Naval Air Station Alameda and the
Supply Center, Alameda Annex and Facility."
Mayor Appezzato opened the public portion of the Hearing.
Proponent:
Dick Lyons, President of the Alameda Chamber of Commerce, urged the
City Council to certify the EIR.
Opponent:
Peggy Doherty, Renewed HOPE Housing Advocates, stated the fact that
the City has been in exclusive negotiations with Catellus
Development Corporation has impacted citizens' abilities to find an
open forum for discussing issues around East Housing and other Base
issues; Councilmembers have stated that they cannot discuss the
matter because they are in exclusive negotiation; concern is that
hearings will occur at the last minute without adequate time for
public input; the process with Catellus has been flawed; the model
perfected over the past two years could very well become the model
for future development in Alameda, including Alameda Point; Council
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should delay the Project; and everyone should have an opportunity
to express his or her opinion.
Opponent:
Jean Sweeney, Alameda, stated the EIR includes a RV Park in an area
near Encinal High School; the citizens addressed the issue two
years ago; it is inappropriate for large vehicles to wander through
the streets in the area; related noise and visual impact is also
inappropriate; West Alameda citizens do not want a RV Park near
Encinal High School; the [proposed] RV Park is strictly a
moneymaker; and the City Council should remove the provision from
the EIR.
Mayor Appezzato stated the East Bay Regional Park District (EBRPD)
requested public conveyance of land at the Base [Alameda Point];
one EBRPD plan includes a RV Park; said proposal will go before the
City Council at a Public Hearing; citizens will be allowed to voice
pros and cons.
Councilmember Kerr stated the District's original plan for the
inner harbor area was 70% asphalt; the EIR is a program level
document; each time the Final EIR is used to support City approval,
e.g. acceptance of a project, City Council will be required to make
findings of the document's adequacy under CEQA, and adopt
mitigation measures for significant effects on the environment and
a mitigation monitoring program.
In response to Vice Mayor Daysog' s inquiry why the RV provision
could not be removed from the EIR, the City Attorney stated that
the City Council is approving the EIR on the Base Reuse Plan,
approved by the Alameda Reuse and Redevelopment Authority (ARRA);
the City Council and Community Improvement Commission have no
ability to change an ARRA decision; a Special ARRA Meeting could
be called to address a Base Reuse Plan change, however, it would
necessitate another complete environmental process; City Council
will have the opportunity to address future environmental impacts;
the Base Reuse Plan addresses a Community Reuse Plan; ARRA serves
as a developer and the City Council as regulator; and policy
decisions are not before the City Council this evening.
Opponent [to RV Park provision in the EIR]:
Jim Sweeney, Alameda, stated the matter of a 13 -acre RV Park goes
back to 1996, when the [Base]Reuse Plan was published; due to lack
of tax funding, EBRPD was going to turn the RV Park proposal into a
cash cow to pay for its entire Park System; without any expertise,
the District was venturing into a commercial enterprise; the City
stated it could not go any further with the proposal, and the
District did not continue pushing the program; the people in
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attendance this evening are very frustrated because RV Park
proposal remains in the EIR. Mr. Sweeney further stated that cargo
containers traveling through the Tubes and the repair of cargo
containers 500 feet from Central Avenue had bothered the West End
also, however, the Planning Board stopped it; the City established
a committee composed of West End residents and stakeholders to set
up rules and to qualify what should be done in the inner harbor
area; West End citizens want the best use of the Base [Alameda
Point] and are willing to work with the City.
Mayor Appezzato stated the City Council wants what is best for the
community; all members of the Council are elected at large; there
will be two seats open in November; the City Council has done quite
well; if you do not think so, you can voice your concern in
November; the process is critical and tonight is not the night [to
address the RV Park matter].
Vice Mayor Daysog stated that he shares Mr. Sweeney's frustration;
inquired whether Council could add a statement of concern regarding
the RV Park.
The City Attorney responded in the affirmative; explained proposed
statement would be for staff to take into consideration at the
subsequent policy decisions on the General Plan and Rezoning.
Mayor Appezzato commented that proposed statement should include
that there may be people who support RV Park; must be fair.
Vice Mayor Daysog stated that a lot of people have been working on
the matter over the course of four years; the community has been
ampley aware; some kind of recognition should be given to the
residents who have given a lot of time and effort as a result of
joining the different base reuse organizations.
Mayor Appezzato stated the matter [RV Park] is not agendized;
everyone must be heard.
William Smith, Sierra Club, stated: "I, along with many other
Alameda residents, have grave concerns about the adverse
environmental impacts of the proposed reuse plan for the Alameda
Naval Air Station. These adverse impacts will not be
satisfactorily mitigated by the measures identified in the Final
EIR before you tonight. Our fundamental concern is that the
development program analyzed in the EIR will not create workforce
housing near jobs. Instead, this development program may
accelerate the destruction of the present renters' community in the
West End. Others, including, the City of Oakland, the Port of
Oakland, and the Metropolitan Transportation Commission have
documented our other concerns. What I will do now, is describe why
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this reuse plan is dividing, and not uniting, our community. The
workforce that is today's West End renters' community is under
tremendous pressure from rising rents; the hardships inflicted on
this community have been well documented by Father Jeffery Keyes of
St. Barnabus and others in letters to the Editor of the Alameda
Journal, by Reverend Michael Yoshi through the Alameda Ministerial
Association, and by an editorial in the San Francisco Chronicle.
When Renewed Hope has attempted to reach out to the larger
community to ease these hardships their reception has been hostile.
Hostile examples include: 1) a statement on page 163 of the draft
EIR for the Catellus Mixed Use Project that rising rents resulting
from a project are not considered significant, 2) a City sponsored
housing forum originally consisting, with the exception of a
transient renter, solely of homeowners, 3) letters to the editor of
the Alameda Journal, such as a recent one from Lynn Low that said
life just isn't fair and if one of Father Jeff Keyes's music
teachers can't afford a house in Alameda, that teach should just
move to Antioch or Tracy, or out of the Bay Area - -which that
teacher, and many others, have done; 4)of great concern to many
environmentalists: financing schemes best described as reversed
Robin Hood: stealing from West End renters to jam our freeways and
foul our air. Given this hostile reception, is it any wonder why
Renewed Hope members have difficulty reaching out to the broader
community. In the interest of strengthening the community of
Alameda, I ask that you continue the Resolution "Approving the
Final EIR for NAS Alameda" for 30 -60 days to allow staff time to
prepare the socio- economic impact report described in the remarks
I submitted earlier today (Letter, dated March 21, 2000); or if you
do not continue it, at least do it before you consider the next EIR
for the Catellus Project."
Mayor Appezzato stated that he thought the matter of the West End
versus the rest of the town was behind the City; perhaps said issue
will have to be dealt with at the next Election; described recent
West End projects and developments; stated that he hopes something
similar can be done for the Fruitvale /Blanding Shopping Center and
other areas in town.
Opponent [not in favor of RV Park provision].
Saundra Cavender, Alameda, filed a speaker's slip, however, was not
in attendance when called forward to speak.
Opponent [not in favor of RV Park provision]:
Kurt Peterson, Alameda, stated there should be an open forum
regarding the RV Park, and adequate time and notice given; there is
overwhelming opposition to a RV Park; and that he does not see a
"West End versus and East End" issue.
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Mayor Appezzato inquired whether Mr. Peterson and others have met
with Mr. Siden [EBRPD] , to which Mr. Peterson responded in the
affirmative.
Mayor Appezzato stated discussions with the District should
continue.
Mr. Peterson responded in the affirmative.
Councilmember Kerr stated most of the land on which the proposed
EBRPD moneymaker [RV Park] is slated to occur belongs to the City
of Alameda; it is currently leased to the Navy; and inquired of the
City Attorney whether four [affirmative] votes are required to give
away City property.
The City Attorney responded in the affirmative.
Councilmember Kerr further stated citizens would have adequate
notice and an opportunity to lobby.
Opponent:
Eve Bach, ARC Ecology, San Francisco, stated Council should
evaluate whether environmental impacts are sufficiently addressed;
an EIR is a proposed action and small modifications by Council do
not require the entire Report to be re- circulated; adopted
findings explain the facts relied upon by Council to reach a
conclusion -- Council will be held to same. Ms. Bach further
commented that staff had an opportunity to share the fiscal
impacts, e.g. Redevelopment Plan and LAMBRA, however statements in
the Staff Report are extremely evasive.
Councilmember Kerr inquired how many people are employed by ARC
Ecology, to which Ms. Bach responded approximately four.
Proponent:
Moira Fossum, President - Elect, Alameda Chamber of Commerce, urged
Council to approve the EIR, as written; stated environmentalists
have appeared before the City Council and Planning Board without a
positive plan for anything.
Proponent:
Paula McCloskey, Chief Executive Office, Alameda Chamber of
Commerce, stated Alameda has outpaced other communities insofar as
finding businesses and creating jobs after base closure; urged
Council to accept the EIR.
Opponent:
Bill Smith, Alameda, stated that he disagreed with the Final EIR.
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Opponent:
Ann Mitchum, Alameda, stated the City should take as much time as
it needs in regard to housing.
There being no futher speakers, Mayor Appezzato closed the public
portion of the Hearing; and announced that two letters were
received from the Alameda Association of Realtors supporting the
staff recommendation.
Councilmember Kerr stated: 1)the matter of social economic impact
was discussed in the Navy's EIS, and responses were sent to people
who inquired about the issue; 2) it is the City's responsibility to
provide housing across the whole income spectrum; and, 3)the Base
Reuse Plan was written many years ago; BRAG Sub - Committee Members,
including members of the original HOPE, participated in the process
and the formation of the Plan; there were many public hearings.
Vice Mayor Daysog stated approximately 7,500 cars, per hour, during
peak morning hours will be coming to Alameda Point in the year
2020; of that 7,500 cars, roughly 4,300 cars will come through the
Tube; unfortunately, the current Tube has capacity for only 3,400
cars at peak morning hours; that there are mitigations in place to
deal with said fact; mitigation measure B3 addresses how the City
will pace development; and inquired with whom final authority will
rest in regard to pacing development.
Planning Manager Eliason responded that significant new
development, e.g. General Plan Amendments, Rezoning and changes in
land use, would be actions heard by the Planning Board and City
Council.
Vice Mayor Daysog noted that there will be public participation.
Planning Manager Eliason stated
flushed out more within the General
the governing body, probably with
that said mitigation will be
Plan Update and brought back to
an implementing ordinance.
Councilmember DeWitt stated each project, City -wide, should have a
traffic analysis.
Councilmember Kerr stated the zoning for the Alameda Point
Improvement Project will probably be MX; a majority of the City
Council approved an amendment which allows the Council to
determine at what level certain decisions will be made; when the MX
zoning is established, City Council will decide on the type of
approval levels.
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Councilmember DeWitt moved that the Council certify the Final EIR,
as presented by staff.
Councilmember Kerr seconded the motion.
Under discussion, Vice Mayor Daysog suggested adding a paragraph to
the Resolution noting the significant neighborhood opposition to
the proposed development of the RV Park, and directing staff to
seriously consider concerns in preparation of the General Plan
Amendment.
Mayor Appezzato stated that he would support Daysog's proposal if
he added both sides would be heard on the matter [RV Park].
Vice Mayor Daysog agreed.
Councilmember DeWitt stated the RV Park matter will be addressed in
the near future; Council should approve the EIR as presented.
Councilmember Johnson stated that there are many details in the
EIR; said details will be coming back to the City Council; there
will be many public hearings; the addition of preferential clauses
at this time is not a good idea.
Vice Mayor Daysog stated the question is one of recognizing the
time, energy and effort of the citizens; the neighborhood does not
want the RV Park.
Councilmember Kerr stated that she is opposed to the original East
Bay Regional Park District plan for the inner harbor area; that she
hopes the District will change its viewpoint on what it wants to
do at that site; however, the Final EIR should be approved this
evening.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Mayor Appezzato called a recess at 10:52 p.m. and reconvened the
Regular Meeting at 11:00 p.m.
(00 -138) Ordinance No. 2826, "Reclassifying and Rezoning Certain
Properties within the City of Alameda by Amending Zoning Ordinance
No. 1277, N.S., for Properties Located at 1001, 1010, 1011, 1012,
1014, 1109, 1111 Chestnut Street; 1119 Lafayette Avenue; 1901,
2004, 2008, 2012 San Antonio Avenue; and 1907, 2005, 2011 San Jose
Avenue." Finally passed; and
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(00 -138A) Resolution No. 13198, "Closing Chestnut Street Between
San Antonio Avenue and San Jose Avenue to Vehicular Traffic During
School Hours." Adopted.
Alan Asker, Co- founder, Chestnut Encinal Neighbors Association,
stated approval of the project is a serious mistake for Alameda,
violates many requirements of the Zoning Ordinance, particularly
parking, and violates the General Plan, specifically with the
expansion of non - conforming use in a residential zone and expansion
of offices in a residential zone; the most egregious aspect of the
project is the overall expansion of a facility which City Planning
Staff indicated was overexpanded 35 years ago; 600 of the students
live outside of Alameda, and create traffic and parking impacts;
giving a public street to a single private entity is a dangerous
precedence to set in Alameda; many institutions desiring non-
conforming expansions are awaiting Council action; urged Council
not to approve the Plan.
Deborah Oliveri, Alameda, requested Council to reconsider its
decision regarding street closure; stated there is not traffic
during the middle of the day; there might be one car every ten
minutes; most day traffic is delivery trucks; the closed street
will turn into a physical education yard; currently, St. Joseph
conducts physical education on sidewalks; St. Joseph is being
provided free land for six or seven hours a day; taxpayer land is
being provided for free; further stated City Planning is requiring
parking be completed before other construction is completed;
however, St. Joseph outlined construction phases, and parking is
part of Phase 2; street closure will not work and should not be
free.
Joe Jaber, Alameda, stated his children graduated from St. Joseph;
when he purchased his property, it was located next to a convent;
the parcel is being rezoned to accommodate a 200 -seat theater which
will be 35 -feet high; that he proposed height limitations because
his property is impacted on two sides; his property is being
devalued; City staff explained his problem is with Design Review;
however, without limitations on the rezoning, his property value
and the tenant's quality of life will decrease; the theater's back
door will be next to his apartments.
Kathy McIntire, Alameda, stated street closure will funnel traffic
down her street; the need for an adequate parking plan has not been
addressed; on June 14, 1999, City Planner Judith Altschuler wrote a
memo to the Project Engineer stating: "the 1964 St. Joseph Plan
required 110 parking spaces and the new plan requires 60 plus
spaces "; 170 off - street parking spaces are required; inquired why
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Alameda City Council 16
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said matter is being ignored; stated parking problems are being
attributed to single- family homes being replaced with multi - family
apartment buildings; both the neighborhood and school have grown to
capacity; there is a parking problem; St. Joseph has used emotional
smokescreens to diffuse the issue; St. Joseph should be permitted
to modernize its existing facility and beautify its grounds;
however, the site is inadequate to handle parking requirements; 36
years ago, public officials informed St. Joseph that the current
site was built out; urged Council to review the proposal in its
entirety and not approve the Master Plan.
Pauline Kelley, Alameda, requested the City Council reconsider and
not accept the Plan; stated the City seems to be giving away use of
land; Council needs four affirmative votes regarding land; inquired
why matter passed with three votes.
Tony Aiello, Principal, St. Joseph Notre Dame High School, stated
the St. Joseph Plan took three years; careful consideration was
taken with the environment and neighbors; concessions were made to
modernize the facility; temporary closure of Chestnut Street is
important to the Plan because the street bisects parish property;
urged Council to approve the project.
Kay Reed, St. Joseph Community, stated the Plan requires the same
amount of on -site parking as Alameda High School, even though St.
Joseph has fewer students; the High School has always had students
from outside Alameda; State Code permits street closure for
schools; parking will be phased in with additions; City staff will
hold St. Joseph accountable and ensure that for every square foot
built, parking is installed at the same time; St. Joseph submitted
a very rough Construction Plan; however, a more complete Plan will
be submitted based on the results of fundraising activities; within
two years, St. Joseph must add 30 new parking spaces even if other
work is not completed; St. Joseph understands Mr. Jaber's privacy -
and sound concerns; St. Joseph will do everything possible to
mitigate said problem and will have design discussions with Mr.
Jaber in good faith; parking in the neighborhood is impacted; 212
living units surround St. Joseph's site with only 147 off - street
parking spaces; 500 of St. Joseph's daytime parking will be off -
street; and St. Joseph will limit the number of large events that
will take place.
Councilmember DeWitt stated the private street is not being given
away; the street will be temporarily closed during school hours;
four votes is not needed to temporarily close a street; the matter
will be reviewed to determine whether there is a negative impact on
the neighborhood and traffic; if the street is being used as a
playground, the barriers can be removed; the one -year trial period
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Alameda City Council 17
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will allow closure during school hours; the action is being taken
for safety reasons.
Councilmember DeWitt moved Final Passage of the Ordinance.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Kerr stated that she voted against
the rezoning due to the inadequacy of the parking plan.
Mayor Appezzato inquired whether sections could be addressed
separately.
The Planning Director stated the Resolution which approved the
project was before Council previously, at which time Council took
action on parceled out items; the issue before Council is an
Ordinance which will place a Planned Development [zoning] overlay
on the property.
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.
Councilmember Kerr stated street closure is like an unpaid lease of
public property during school -year weekdays; there is a
considerable amount of time the public will not be able to use a
public street; there is not a list to judge street closure on in
one -year; if there is a tragedy, the closed street would be worse
[less safe] than the open street; [street closure] criteria are
vague; nothing will be measured during the year [trial period].
Councilmember DeWitt moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers DeWitt, Johnson, and
Mayor Appezzato - 3. Noes: Councilmembers Daysog and Kerr -2.
(00 -139) Ordinance No. 2827, "Approving and Authorizing the City
Manager to Execute a Purchase and Sale Agreement with Harbor Bay
Isle Associates to Purchase a 2.2 Acre Parcel for the Cross Airport
Roadway Project." Finally passed.
Len Grzanka, Alameda, stated that at the last Council Meeting, he
inquired why the City sold 10.2 acres of land at Harbor Bay
Business Park to Harbor Bay Associates (HBA) for $267,000 per acre,
and now, is buying 2 acres for $650,000 per acre; the answer, that
the value of land had gone up since 1997 when negotiations began,
was not satisfactory; somebody should have realized that the City
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would need the 2 acres only eight months later; inquired who was
asleep at the wheel last August 17, when the two deals should have
been linked ?; was it the Public Works Director, the Deputy City
Manager, or the City Manager ?; stated staff is costing the
taxpayers $800,000 unnecessarily; further stated that at the last
meeting, the Mayor stated: "when you put the facts out some people
do not want to hear them, but, unfortunately, I'll take the time to
do that "; he [Mayor Appezzato] took the time to prevaricate; the
Mayor stated "nobody protested the sale of the land back to HBA
last August "; however, the Mayor was wrong; he [Mr. Grzanka] spoke
against the sale; the land could have been reappraised last August;
however, the Mayor stated: "we can continue to move forward or stop
going forward "; the Mayor will have the City move forward over the
cliff to financial ruin, e.g., the $7.9 Million Alameda Power &
Telecom Cable TV fiasco really is costing $20.5 Million plus
interest on the Bonds; at the last meeting, the Mayor stated the
deal was done in 1997, however, the City Council approved the sale
August 17, 1999; the price could have been renegotiated until said
time; as the Mayor says: "either lead, follow, or get out of the
way "; unfortunately, taxes go up as he [Mayor Appezzato] leads the
City into financial ruin; at the last Meeting, he [Mr. Grzanka]
raised a point of information to correct the Mayor's
misinformation, but he [Mayor Appezzato] ignored parliamentary
procedure and Council rules, did not allow him [Mr. Grzanka] to
state facts in his point of information, and ordered him [Mr.
Grzanka] to sit down; inquired who he [Mr. Grzanka] should have
breakfast with to sell his undeveloped land in Alameda to the City
for $1/2 Million, provided he can buy it back eight months later
for $250,000.
Bill Smith, Alameda, suggested the Cross Airport Roadway include a
bicycle lane.
Councilmember Johnson moved final passage of the Ordinance.
Councilmember DeWitt seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson
and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1.
ORAL COMMUNICATIONS, NON- AGENDA
(00 -140) Jean Sweeney, Alameda, stated Alameda, like many cities,
provides Zoning designations on an official map; Alameda Municipal
Code Section 30 -3.3 requires the City's zoning boundaries be shown
on the Zoning Map with all amendments, changes, references and
other matters, and marked filed in the Office of the City Clerk
June 10, 1958; however, when she has requested a certified copy of
this map as evidence of the official zoning law of the City, she
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Alameda City Council 19
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has been told that no such particular map exists to be certified as
the true and correct law of the City; she discovered some
designations on the official map kept by the Planning Department
are mistaken; the Planning Department map has three dates of
amendments noted on its margin; however, there are other zoning
amendments since 1958 which are not noted on the unofficial map; in
addition, the 1957 Master Plan that guided the original 1958 zoning
designations cannot be found; the City's Zoning Law requires that
the City have an officially certifiable zoning map; the City is in
violation of its own law; requested matter be addressed.
Ms. Sweeney outlined the history of Alameda Beltline Railroad
Property, including the 1924 Agreement with the Western Pacific
Railroad Company and the Atchison, Topeka and Santa Fe Railway
Company as it relates to Ordinance 273, including Section 5;
inquired whether the City government would continue to operate in
the dark; stated a position should be taken and a plan should be
devised to deal with the issue.
Mayor Appezzato requested staff to respond to Ms. Sweeney.
(00 -141) Bill Smith, Alameda, discussed City housing issues.
COUNCIL COMMUNICATIONS
(00 -142) Consideration of Mayor's nomination for appointment to
the Recreation and Park Commission for a partial term expiring
September 30, 2003.
Mayor Appezzato nominated Bruce Reeves for appointment to the
Recreation and Park Commission.
(00 -143) Mayor Appezzato announced that he received a letter from
the CalTrans District Director which states: "CalTrans will soon
begin construction on the project to seismically retrofit the Posey
and Webster Street Tubes; the first construction stage to retrofit
the Tubes interior and portal buildings was awarded to West Coast
Bridge Inc. of Benicia California; a second construction stage to
retrofit the Tubes exterior will follow in about a year and a half;
the project will be one of the most unique projects to be
constructed by the State; the Posey Tube was the worlds first
submerged highway tube ever to be constructed in 1928; this project
is believed to be the first seismic retrofit on immersed tubes of
this type ever attempted "; stated there will be a Hearing on the
project in the near future.
(00 -144) Mayor Appezzato read a City Development Corporation press
release: "the ink is barely dry on the papers forming the Alameda
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Development Corporation and already a major homeowner development
project is underway; the Articles of Incorporation were signed only
a month ago and today the Alameda -based housing development non-
profit announced that it signed a sale and purchase agreement for
its first homeownership project ".
(00 -145) Mayor Appezzato stated Vice Mayor Daysog has been
corresponding with the Library Director regarding a Poet Laureate;
that he [Mayor Appezzato] supports the Vice Mayor's efforts; urged
Vice Mayor Daysog to continue to work on the matter; stated only
two other cities have Poet Laureates.
(00 -146) Vice Mayor Daysog requested an Off Agenda Report on the
status of O'Ryan's Tavern and the direction the City is going;
stated there has been minimal neighborhood opposition.
(00 -147) Councilmember Kerr inquired whether barbed wire fences
are illegal in the City.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 11:45 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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