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2000-06-20 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - JUNE 20, 2000 - - 7:30 P.M. Mayor Appezzato convened the Regular 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 -330) Mayor Appezzato announced the City of Alameda accepted conveyance of 2,000 acres at the former Naval Air Station today; escrow should close in the next 30 days to accept title of the first 215 acres of clean land; initial development of the former Naval Air Station can begin; title to other parcels will be conveyed as the land is cleaned. Councilmember Kerr requested Council receive copies of the signed document [Memorandum of Agreement]. (00 -331) Proclamation recognizing the Gay and Lesbian Community of the City of Alameda. Mayor Appezzato stated the Proclamation was from him; requested Councilmembers to indicate whether or not they were in favor [of the Proclamation], or prefer not to say anything. Mayor Appezzato inquired whether Vice Mayor Daysog concurred with the Proclamation, to which Vice Mayor Daysog responded in the affirmative. Councilmember Johnson indicated support. Councilmember Kerr stated the City Council voted [May, 1996] that individual Councilmembers create proclamations and that she had not been advised of the Proclamation before the Meeting. Councilmember DeWitt stated that he supports gay and lesbian's contributions to the City. Mayor Appezzato read the Proclamation and presented it the Morten Wellhaven, Debra Arbuckle and Sherry Stoll. Regular Meeting Alameda City Council 1 June 20, 2000 Debra Arbuckle thanked the Mayor and Councilmembers for the Proclamation. Morten Wellhaven outlined various gay and lesbian organizations in the community; thanked the Mayor and Councilmembers for the Proclamation. CONSENT CALENDAR Councilmember Johnson moved approval of the Consent Calender. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *00 -332) Minutes of the Special City Council Meeting held on March 11, 2000; the Special Joint City Council and Community Improvement Commission Meeting held on May 2, 2000, and May 31, 2000; the Special Joint City Council, Community Improvement Commission and Alameda Reuse and Redevelopment Authority Meetings (Closed Sessions) held on May 3, 2000, May 16, 2000, May 31, 2000, and June 6, 2000; and the Regular City Council Meeting held on June 6, 2000. Approved. ( *00 -333) Recommendation to award Contract for Publishing of Legal Advertisements for FY 2000 -01. Accepted. ( *00 -334) Recommendation to authorize the City Manager to execute Amendment to Contract with LSA Associates, Inc. for Consulting Services for the Catellus Project Environmental Impact Report. Accepted. ( *00 -335) Recommendation to accept Annual Submittal of the City of Alameda's Investment Policy. Accepted. ( *00 -336) Resolution No. 13229, "Establishing Disadvantaged Business Enterprise Program Goals for Fiscal Year July 1, 2000, through June 30, 2001." Adopted. ( *00 -337) Resolution No. 13230, "Approving Interim Expenditures Prior to Adoption of the Operating Budget and Capital Improvements for Fiscal Year 2000 -01." Adopted. ( *00 -338) Resolution No. 13231, "Accepting the Transfer of Housing Authority Employees to the City of Alameda and Authorizing the City Manager to Execute an Agreement for Services with the Housing Authority to Provide Housing Authority Staffing Functions." Adopted. Regular Meeting Alameda City Council 2 June 20, 2000 ( *00 -339) Ratified bills in the amount of $ 3,536,749.81. REGULAR AGENDA ITEMS (00 -340) Resolution No. 13232, "Reappointing Jean C. Gaskill as a Member of the City Civil Service Board." Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. The City Clerk gave the Oath of Office and presented Mr. Gaskill with a Certificate of Reappointment. (00 -341) Resolution No. 13233, "Reappointing Scott Brady as a Member of the City Historical Advisory Board." Adopted. Councilmember Johnson moved adoption of the Resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. The City Clerk gave the Oath of Office and presented Mr. Brady with a Certificate of Reappointment. (00 -342) Resolution No. 13234, "Reappointing Frederick A. Chew, Jr. as a Member of the City Housing and Building Code Hearing and Appeals Board." Adopted. Councilmember Johnson moved adoption of the Resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. The City Clerk gave the Oath of Office and presented Mr. Chew with a Certificate of Reappointment. (00 -343) Resolution No. 13235, "Reappointing A. Baird Heffron as a Member of the City Housing and Building Code Hearing and Appeals Board." Adopted. Councilmember Johnson moved adoption of the Resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote -5. The City Clerk gave the Oath of Office and presented Mr. Heffron Regular Meeting Alameda City Council 3 June 20, 2000 with a Certificate of Reappointment. (00 -344) Resolution No. 13236, "Reappointing Judge C. Richard Bartalini as a Member of the City Housing Commission." Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. The City Clerk gave the Oath of Office and presented Judge Bartalini with a Certificate of Reappointment. (00 -345) Resolution No. 13237, "Reappointing Susan L. Jeffries as a Member of the City Housing Commission." Adopted. Vice Mayor Daysog moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. The City Clerk gave the Oath of Office and presented Ms. Jeffries with a Certificate of Reappointment. Mayor Appezzato stated that he would take nominations to certain advisory boards out of order, and announced the following nominations: COUNCIL COMMUNICATIONS (00 -346) Consideration of Mayor's nomination for appointment to the Housing Commission. Mayor Appezzato nominated Michael Torrey for appointment to the Housing Commission. [Tenant Seat] (00 -347) Consideration of Mayor's nomination for appointment to the Public Utilities Board. Mayor Appezzato nominated Karin Lucas for appointment to the Public Utilities Board. (00 -348) Consideration of Mayor's nomination for appointment to the Cable TV Advisory Committee. Mayor Appezzato nominated Thomas N. Billings for appointment to the Cable TV Advisory Committee. [Consumer Affairs seat; partial term Regular Meeting Alameda City Council 4 June 20, 2000 expiring June 30, 2003.] REGULAR AGENDA ITEMS (00 -349) Public Hearing to establish Proposition 4 Limit (Appropriations Limit) for Fiscal Year 2000 -01 City of Alameda Spending Limitations; and (00 -349A) Resolution No. 13238, "Establishing Appropriations Limit for Fiscal Year 2000 -01." Adopted. Mayor Appezzato opened the public portion of the Hearing, and there being no speakers, he closed the Public Hearing. Councilmember Johnson moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (00 -350) Public Hearing to consider Collection of Delinquent Business License Fees via Property Tax Bill. Mayor Appezzato opened the public portion of the Hearing, and there being no speakers, he closed the Public Hearing. Councilmember Johnson moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote -5. (00 -351) Public Hearing to consider a Call for Review of a denial by the Historical Advisory Board to remove 1506, 1514 and 1534 East Shore Drive and 3309 to 3330 Constance Circle from the Historical Building Study List. Call for review by Councilmember Johnson. Applicant: East Shore Homeowners' Association; and (00 -351A) Adoption of Resolution Upholding the Historical Advisory Board's Denial of the Removal of 1506/1514/1534 East Shore Drive and 3309 to 3330 Constance Circle from the Historical Building Study List. NOT ADOPTED. (00 -351B) Resolution No. 13239, "Approving the Removal of 1504/1514/1534 East Shore Drive and 3309 to 3330 Constance Circle from the Historical Building Study List." Adopted. Mayor Appezzato opened the public portion of the Hearing. Opponents (Opposed to Historical Advisory Board's Action): Janet Waring, East Shore Homeowners' Association; Jay Pimentel, Alameda; Regular Meeting Alameda City Council 5 June 20, 2000 Colleen Pimentel, Alameda; Rich Thomas, Alameda; and former Councilmember Lil Arnerich, Alameda. Proponents (In favor of Historical Advisory Board's Action): Nancy Hird, Alameda; Nancy Gill, Historical Advisory Board; and Scott Brady, Historical Advisory Board. Mayor Appezzato stated the [Planning] staff recommendation to the Historical Advisory Board (HAB) was to approve the removal of homes from the Historical Building Study List; the HAB decided not to adhere to the recommendation. Councilmember Johnson stated neighbors were not aware their homes were on the list; requested staff to explain how homes were included on the list and why nobody knew until recently. Planner Judith Altschuler stated that in 1992, the City became aware that most people with homes on the Historical Building Study List had not been advised of said status; Council requested staff to determine whether there was a 1979 notification; staff could not find notification and sent out a letter in February of 1992 advising homeowners: 1) that their homes were on the List, 2) the benefits of being on the List, and 3) homeowners would need to go through a secondary process to demolish a listed building; anyone with concern about being on the List was invited to appear before the HAB; application was not made on any of the properties requesting removal from the List this evening; further stated all the homes on East Shore Drive and Constance Circle were on the [1992] mailing list; one notice sent to a Constance Circle address was returned to the City and forwarded to the property owner at another address; staff made a good faith attempt at notifying everyone. Councilmember Johnson inquired whether any of the homeowners [on East Shore Drive and Constance Circle] responded to the letter, to which Planner Altschuler responded in the negative. In response to Councilmember Johnson's inquiry whether removing the homes from the List would prevent other homes of the same style from being added to the List, Planner Altschuler responded in the negative. Councilmember Johnson inquired how many homes in Alameda meet the [California Ranch] architectural style. Planner Altschuler responded said number is not known because the Regular Meeting Alameda City Council 6 June 20, 2000 Northern Waterfront, the South Shore area and Bay Farm Island were not part of the 1979 survey; there were not sufficient funds to study the entire Island. Vice Mayor Daysog inquired what the intent of the 1979 survey was. Planner Altschuler responded the survey was part of the process for the City of Alameda to become a Certified Local Government, which is a local jurisdiction that agrees to maintain a certain level of expertise on the Historical Advisory Board and adopt a preservation ordinance that affords certain protections to properties; in exchange, the City is able to comment on any National Register listing and be involved with the State in terms of historic properties and resources; the City can also apply for the Certified Local Government grant, which Alameda has been very successful in obtaining. In response to Vice Mayor Daysog's inquiry on whether part of the [survey's] intent was to take a snapshot of the variety of architecture in Alameda, Planner Altschuler responded in the affirmative. Vice Mayor Daysog further inquired whether historical buildings were the main focus of the List. Planner Attschuler responded Measure A was adopted in 1973; the Historical Preservation Ordinance was adopted in 1978; the Historical Building Study List was adopted in 1979; the Historical Preservation Element [of the General Plan] was adopted in 1982; during the 10 year period [1973 - 1982], the City reviewed its historic resources, particularly in view of the many resources which were lost during the 1950's and 1960's. Vice Mayor Daysog inquired whether Measure A was a catalyst for review of historical structures. Planner Altschuler responded Measure A was so emotional because prior to its adoption many older homes were demolished and replaced by rather mundane, very large apartment buildings. In response to Vice Mayor Daysog's inquiry whether the 1978 action was part of a series of events because residents were concerned about losing the character of the City as expressed through architecture, Planner Altschuler responded in the affirmative. Mayor Appezzato closed the public portion of the Hearing. Vice Mayor Daysog inquired if someone wanted to enlarge the footprint, paint or increase the height of their home, whether Regular Meeting Alameda City Council 7 June 20, 2000 being on the Study List would stop or slow the process, to which Planner Altschuler responded in the negative. In response to Vice Mayor Daysog's inquiry whether changes to the surface quality, e.g. shingles, would be impacted by being on the List, Planner Altschuler stated that the matter of demolition is the only difference between a listed and non - listed home. Councilmember Johnson inquired whether real estate agents and brokers are informed of the homes on the Historical Building Study List, to which Planner Altschuler responded in the affirmative, and stated in the late 1980's or early 1990's the State passed laws having to do with disclosure. Councilmember Johnson stated that she is very interested in historical preservation in Alameda; that she appreciates the HAB's work; there is good evidence that homeowners did not know their homes were on the List until recently; other people might be honored to be on the List and volunteer to be placed on the List; houses of the same style will be represented on the List; the City is in the process of establishing Design Review Guidelines which will supplement the Building Codes and protect homes; all architectural styles with historical relevance should be on the List; the City should proceed with the replacement of [California ranch style] homes. Councilmember Johnson moved that Council approve the removal of homes from the Historical Building Study List [adoption of Resolution No. 13239, "Approving the Removal of 1504/1514/1534 East Shore Drive and 3309 to 3330 Constance Circle from the Historical Building Study List "], and the replacement of "California Ranch Style" homes on the Historical Building Study List. Councilmember Kerr seconded the motion. Under discussion, Councilmember Kerr stated ranch style homes are still being built; the style is not a rare form of architecture that needs to be preserved before the last one is torn down; there have been problems with notification; a cottage she owned was put on the List; when she inquired the meaning of being on the List, she was told it did not mean anything at all; she was not informed about demolition restrictions; neighborhoods need to be preserved; Design Guidelines are the proper way to do so. Vice Mayor Daysog stated no one likes to be on lists; the Historical Building Study List was put together in the late 1970's for a reason; the integrity of the process [formation of List] and the List itself should be maintained; due to the changes in the Regular Meeting Alameda City Council 8 June 20, 2000 housing market and the economy, issue of character might not be taken seriously; a precedence should not be set; the damage of being on the list is next to nothing, except for demolition. Councilmember DeWitt stated that he viewed the homes requesting to be removed from the List; there are hundreds of similar homes throughout the City; there is no particular, unique style; if the HAB would like to have homes of the particular style on the Historical Building Study List, there are hundreds of others, which might have owners that would volunteer to be on the List; that he will support the motion. Mayor Appezzato stated that he will support the motion; complimented the HAB for its work. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Johnson, Kerr and Mayor Appezzato - 4. Noes: Vice Mayor Daysog - 1. (00 -352) Recommendation to award Alameda Oakland Ferry Service Vessel Purchase Contract, and to authorize the City Manager to enter into Agreement with selected vendor and enter into Fund Transfer Agreement No. 04A1048 with CalTrans. Accepted. [Note: Councilmember Johnson left the dais at 8:47 p.m. and returned at 8:50 p.m.] Councilmember DeWitt moved acceptance of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Kerr and Mayor Appezzato - 4. Absent: Councilmember Johnson - 1. Councilmember Kerr stated Bay Ship & Yacht is a great addition to the City of Alameda; hopefully, the company will get the repair Contract. Mayor Appezzato stated everyone was pulling for Bay Ship & Yacht, an Alameda company. (00 -353) Ordinance No. 2837, "Ordinance Approving and Authorizing the Lease of City Owned Property at the Chuck Corica Golf Course (Formerly Occupied by AT &T) to Alameda Power and Telecom." Finally passed. Councilmember DeWitt moved adoption of the Ordinance. Regular Meeting Alameda City Council 9 June 20, 2000 Vice Mayor Daysog seconded the motion, which carried by the following unanimous voice - 5. [Note: Councilmember Kerr stated that she recused herself from this matter; however, she corrected her vote and stated that she intended to recuse herself from the next Agenda item.] (00 -354) Ordinance No. 2838, "Ordinance Amending Alameda Municipal Code by Amending Subsection 6 -7.2 (Area Established; Description) of Section 6 -7 (Regulations for Alameda Business Improvement Area), Article II (Alameda Business Improvement Area) of Chapter VI (Businesses, Occupations and Industries) Changing Benefit Area "A" to "B" in Address Ranges 1200 -1251 Park Street and 2267 -2499 Lincoln Avenue and Decreasing the Boundary Through Elimination of the 1600 Block of Everett Street in the Alameda Business Improvement Area in Fiscal Year 2000 -01." Finally passed. Councilmember Kerr recused herself. Councilmember Johnson moved adoption of the Ordinance. Councilmember DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Absententions: Councilmember Kerr - 1. ( Recused herself) ORAL COMMUNICATIONS, NON- AGENDA (00 -355) Jean Sweeney, Alameda, stated the City of Alameda invested in an industrial railroad in 1918; condemnation rights were given [to the railroad] in exchange for the right [for the City] to repurchase [land] at any time; outlined rights of way granted to the railroad; stated citizens have a right to the investment made by Mayor Frank Otis in 1924; contracts cannot be mediated away; the City can mediate a fee to the Railroad for not bringing a lawsuit, and can mediate an Agreement which says the 1924 Contract is valid; however, the City's rights cannot be mediated away under a mutually agreed to Contract, no matter how old the contract is; age of a contract is not material; further stated regarding the initiative to change the zoning of the Alameda Beltline Railroad, zoning laws are not confiscatory; zoning laws are in place to prevent haphazard development; the [Initiative] Petition is not confiscating anything; petitioners are trying to change the zoning; the Petition does not obligate anyone to buy or sell anything, it just changes the zoning; an Open Space designation does not render the land worthless; the Open Space zoning allows for public and private parks. Regular Meeting Alameda City Council 10 June 20, 2000 COUNCIL COMMUNICATIONS (00 -356) Mayor Appezzato stated that he received a letter [from Joseph R. Kohl, dated June 4, 2000] requesting a [parking] space near the dog park be designated no parking [to accommodate a wheel chair ramp]; requested staff to review the matter. (00 -357) Mayor Appezzato stated that Council received a letter from Thomas Jordan, Executive Director, Harbor Bay Isle Owners' Association, regarding traffic mitigation at Amelia Earhart Elementary School; requested staff to review the matter and bring it back to the City Council. (00 -358) Mayor Appezzato stated that he received a letter from Pete Halberstadt of West Advertising complimenting the Fire Department; the letter stated: "Captain Edwards provided us with a level of service today that far exceeded our expectations or even what was reasonably required;" requested Captain Edwards receive a copy of said letter. (00 -359) Mayor Appezzato stated that he received a letter from Kate Pryor of Tuckers Ice Cream; the letter stated: "Tuckers Ice Cream has opened in its new location; it was with trepidation that she approached City Hall to begin the project; based on previous experience and the reputation of the City of Alameda, she was concerned... however, the staff of the City of Alameda are to be commended for the encouragement and support given to Tuckers Ice Cream in the renovation and build out of the new facility; thank you for bringing a refreshing new attitude to City Hall "; requested the letter be passed on to staff. (00 -360) Mayor Appezzato stated the City is working on possible impacts in electric system generation shortfalls; Alameda Power & Telecom will be notifying the community; everyone should be aware of the difficulties and challenges facing electric utility generation throughout the State and western part of the United States. (00 -361) Mayor Appezzato stated the Mayor's Committee for the Disabled has requested the City to review audible signals and tactile domes at designated intersections; passed request onto staff. (00 -362) Mayor Appezzato stated Alameda Power & Telecom makes an annual contribution to the City's General Fund; said contribution comes from the rate payers; requested staff to review whether it is possible that some can be prorated to allow rate payers to receive a tax deduction; requested the matter be reviewed; gave credit to Regular Meeting Alameda City Council 1 1 June 20, 2000 Len Grzanka for submitting the recommendation. (00 -363) Mayor Appezzato complimented Senator Don Perata; stated two major items will be funded for the City of Alameda from the State's budget: 1) Robert Crown Park will receive $5.6 Million for facility improvements and beach sand replenishment; and 2) Girls Inc. will receive $350,000 for a property expansion and renovation project. (00 -364) Councilmember DeWitt stated that he is honored to be on the City Council today because the City accepted conveyance of the former Naval Air Station and Fleet Industrial Supply Center; stated it is a major accomplishment. (00 -365) Councilmember Kerr stated conveyance of the former Naval Air Station today is a historic accomplishment. (00 -366) Councilmember Johnson complimenting City staff, the public. ADJOURNMENT stated in regards to letters City is focused on serving the There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:01 p.m. Respectfully submitted, Diane. B. Felsch, CMC City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council 12 June 20, 2000