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1999-03-02 Regular and Special CC Minutes1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -MARCH 2, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:40 p.m. Councilmember Kerr led the Pledge of Allegiance. Elder John Pillitiere, Alameda Chapel, gave the Invocation. ROLL CALL - Present: Absent: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ERS OF THE_DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Councilmember Kerr requested the San Francisco Bay Access Program Grant Application [paragraph no. 99-99] be withdrawn from the Consent Calender for discussion. Vice Mayor Daysog moved approval of the remainder of the Consent Calendar. 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.] (*99-96) Minutes of the Special and Regular City Council Meetings held on February 16, 1999. (*99-97) Recommendation to accept Quarterly Sales Tax Report for the period ending December 31, 1998 for Sales Transactions in the third calendar quarter. (*99-98) Recommendation to accept the work of St. Francis Electric for New Pedestrian Signals at Various Intersections, No P.W. 07- 97-15. (99-99) Resolution No. 13095, "Approving the Filing of an Application for a San Francisco Bay Access Program Grant and Appointing the City Manager as Agent." Adopted. Regular Meeting Alameda City Council March 2, 1999 Councilmember Kerr stated extension of the Northern Waterfront trail is a wonderful idea; that she thought financing was in place when the matter was before the Planning Board; inquired whether the grant is necessary. The Planning Director responded funding is being sought to complete the portion of the trail from Wind River to Marina Village; there is a pocket, including the Yacht Club and Tied House, which is not undergoing redevelopment; the City is working in partnership with Marina Village and Wind River; currently, funding is not in place to complete the path in the Marina Village area. Councilmember Kerr stated connection of the trail between Marina Village waterfront access to Wind River should be completed; Wind River's pocket park is a lovely point on the estuary. Councilmember Kerr moved adoption of the Resolution. Councilmember Johnson seconded the motion. Under discussion, Mayor Appezzato stated many have expressed desire to have the entire perimeter of the City of Alameda be Bay Trail; it will probably not be possible in one or two places; the Trail has been planned at the Naval Air Station [Alameda Point]; public access to walk, jog or ride a bike around the entire City would be nice. On the call for the question, the motion carried by unanimous voice vote - 5. (*99-100) Ratified bills in the amount of $1,445,686.97. Y (99-101) Public Hearing to consider a Zoning Text Amendment to amend Alameda Municipal Code Subsection 30-4.13(f)(4), Planned Development Combining District, to allow the approval of Planned Developments for the division of parcels into lots of less than 5,000 square feet where the parcels are developed with existing two-family dwellings (duplexes), single-family dwellings, or a combination thereof, where Subsection 30-4.13(f)(4) currently only allows for such Planned Developments to divide parcels developed with two or more single-family dwellings; (99-101A) Resolution No. 13096, "Adopting a Negative Declaration, IS-98-06, for a Zoning Text Amendment to Allow Planned Development Approval for Parcels Developed with Existing Two-Family Dwellings (Duplexes), Single-Family Dwellings, or a Combination Thereof." Adopted; and (99-101B) Ordinance Amending Alameda Municipal Code Subsection 30- Regular Meeting Alameda City Council March 2, 1999 4.13(f)(4), Planned Development Combining District, to Allow the Approval of Planned Developments for the Division of Parcels into Lots of Less Than 5,000 Square Feet Where the Parcels are Developed with Existing Two-Family Dwellings (Duplexes), Single-Family Dwellings, or a Combination Thereof, Where Subsection 30-4.13(f)(4) ,Currently Only Allows for Such Planned Developments to Divide Parcels Developed with Two or More Single-Family Dwellings. Introduced. Mayor Appezzato opened the public portion of the Hearing. Proponent Will Harrison, representing Mihailo Crnjanski. Neither Proponent or Nor Opponent Joseph Baca, Alameda. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. In response to Mr. Baca's comments, Mayor Appezzato stated Zoning Text Amendment might provide an opportunity for homeownership. Councilmember DeWitt r,ved approval of the staff recommendation. Councilmember Kerr stated that she has a problem with the proposed ordinance, proposed change would apply to the entire City; the purpose of a Planned Development [PD] Overlay is to enhance developments; e.g.: 1) homes around lagoons at Harbor Bay Isle, South Shore and Marina Village; 2) layout of townhouses at Bay Farm Island around a common green area which supplies visual beauty and a place for children [to play]; a PD Overlay was not supposed to apply to areas under two acres; however, increasingly often, PD Overlay is being used 'o circumvent the Zoning Code; e.g. Kaufman & Brode Development at the old drive-in site which has substandard lot sizes, little separation between houses and no yards; once again, Council is being asked to relax PD overlay to produce infill; change to an adjacent lot, owned by the same advocate, was successfully completed through different planning [procedure]; the Planning Board report stated the owner could have used the same procedure, however, he wanted to change the whole City's zoning; in 1991, Council voted to allow substandard lots for single-family homes in R-2 zones; at that time, the ordinance was promoted with the idea that it would never apply to lots with duplexes or multi- family dwellings; tonight, Council is being asked to relax the City's zoning standards and allow the formation of substandard lots with duplexes; Council is told said change would never apply to buildings with more than two units. Councilmember Kerr further stated the Council is being told the change provides affordable Regular Meeting Alameda City Council March 2, 1999 3 4 housing; homeownership assistance should help people into attractive housing, not degrade neighborhoods through infill; the profit inherent in the [proposed] ordinance would encourage people to add duplexes or convert single-family dwellings into duplexes by adding a unit underneath; if the ordinance is passed, division could be requested which is infill; in cases of infill, adequate parking has been grandfathered and architectural integrity has been abandoned; while this is not the case for the lot in question tonight, Council is being asked to consider it, not just for that lot, but to consider changing the Zoning Ordinance which would effect the entire City; 'LliaL she will not support it. In response to Vice Mayor Daysog's inquiry regarding parcels with an adjacent granny flat, the Planning Director stated the current law permits single-family homes to go through a process to divide; the [proposed] ordinance would allow the regulation to apply to lots with existing duplexes; the City does not permit splitting detached accessory apartme7ts; however, R-2 and R-4 communities, which have properties with cwo separate structures, may have one or two units in each. Vice Mayor Daysog stated the City should guard against infill housing; one way is to stop infill altogether; another option is to plan quality homes and address parking issues; homeownership creates neighborhood pride; that he supports the proposed ordinance. In response to Councilmember Kerr's inquiry whether the Vice Mayor would support an ordinance which eliminated grandfathering parking in infill cases, Vice Mayor Daysog stated the particulars of any ordinance would need to be considered; that his inclination is to support anything to protect neighborhoods. Councilmember Kerr stated there are a number of instances when bedrooms have been added *L-.o single-family residence and a new unit has been put underneath; parking is required for the new unit, however, the deficiency in the single-family residence's parking is being grandfathered; grandfathering parking deficiencies tears up neighborhoods; streets are not for parking. Vice Mayor Daysog stated residents, the Counci ctnc.i Planning Board need to be both vigilant and flexible; maybe [proposed] ordinance will not pan out and the Council can change it; there is a strong chance the change will lead to an improved and positive outcome; other issues, e.g. parking, should be reviewed, too; however, said ordinance should not be held off. Councilmember Johnson stated there is no doubt parking in neighborhoods is a serious issue; that she does not see the [proposed] ordinance as creating infill; and inquired about the number of applications for this type of subdivision in the last few Regular Meeting Alameda City Council March 2, 1999 years. The Planning Director responded there have not been more than ten- to twelve cases since the ordinance's inception in 1991. Councilmember Johnson further stated Council must watch for infill; one of the major issues related to infill is parking; the proposed ordinance will not create infill; more homes will be available on the market. Mayor Appezzato stated the matter was unanimously approved by the Planning Board; that he will support it; new homes will not be built. Councilmember Kerr stated the problem is the [proposed] ordinance changes the Zoning Ordinance and applies to the entire City; that she does not object to the applicant [creating separate lots], restriction should only be lifted for the particular case, not entire City. Councilmember DeWitt stated the Planning Board indicates the text of the amendment would not ire—ease the potential of an' property beyond that allowed in the underlying zoning and would not create an adverse effect on the neighborhoods; development is not allowed beyond current zoning. Councilmember Johnson concurred with Councilmember DeWitt statements; further stated an Applicant still has to come to the Planning Board and City Council. Councilmember Kerr stated proposal creates a financial incentive to add buildings to large enough lots. Vice Mayor Daysog stated homeownership opportunities create the potential for great investments in neighborhoods; parking issues will need to be considered during the planning process. Mayor Appezzato stated there are checks and balances in place; the proposed ordinance will not [adversely] effect the neighborhood. On th.:: for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. (99-102) Public Hearing to consider a rezoning of the parcel at 1618/1620 Fernside Boulevard from R-2 (Two-Family Residence District) to R-2-PD (Two Family Residence Planned District Combining District), to allow the division of a 10,593 square foot parcel into two lots, one containing a duplex and one containing a single-family dwelling; and Regular Meeting Alameda City Council March 2, 1999 (99-102A) Ordinance Reclassifying and Rezoning Certain Properties Within the City of Alameda from R-2 (Two-Family Residence District) to R-2-PD (Two-Family Residence, Special Planned Development Combining District) by Amending Zoning Ordinance No. 1277, N.S., for the Parcel at 1618/1620 Fernside Boulevard. Introduced. Mayor Appezzato opened the public portion of the Hearing. Proponent Will Harrison, representing Mihailo Crnjanski. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Mayor Appezzato stated that he has not heard any complaints regarding existing properties which have been subdivided. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Je-nson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. (99-103) Public Hearing to consider a proposed Development Agreement Amendment (DAA-98-1) to allow the removal of the traffic control gate at the Ferry Terminal Parking Lot near the end of Mecartney Road; and (99-103A) Ordinance Approving and Authorizing the Execution of an Amendment to the Development Agreement Dated April 4, 1989 Between the City and Harbor Bay Village Four Associates, Harbor Bay Village Five Associates and Harbor Bay Isle Associates, to Delete the Requirement for a Restricted Gateway at the End of Mecartney Road. Mayor Appezzato opened the public portion of the Hearing. Proponents Daniel Reidy, Harbor Bay Developers; Tom Jordan, Community of Harbor Bay. Opponent Dennis McDonald, Alameda. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. In response to Mr. McDonald's concerns, Mayor Appezzato requested staff to review the traffic pattern; suggested the Traffic Advisory Regular Meeting Alameda City Council March 2, 1999 Committee be considered as the review body. Mayor Appezzato inquired whether Mr. Jordan would look into the matter of removing shrubbery which restricts drivers' vision, to which Mr. Jordan responded that he supports such action, however, the property is maintained by the Harbor Bay Business Park. Mr. Jordan further stated traffic problems will be alleviated when the Harbor Bay Connection is established. Mayor Appezzato requested staff to contact Harbor Bay Business Park regarding maintenance of shrubbery to ensure there is no obstruction. Councilmember DeWitt stated removal of the gate increases ferry ridership. Mayor Appezzato stated when the City began using public money, access restrictions [gate] could not remain; when the service was private, the gate was acceptable. Councilmember Kerr concurred with Mayor Appezzato's comments. Councilmember Johnson moved approval of the staff recommendation. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (99 -104) Recommendation to authorize Agreement between East Bay Municipal Utilities District, City of Alameda and the Port of Oakland regarding the Estuary Sewer Relocation. Held over. (99 -105) Ordinance No. 2793," Amending the Alameda Municipal Code by Adding Subsection 4- 10.2(h) to Subsection 4 -10.2 (Definitions), of Section 4 -10 (Noise Control), Article II (Noise Regulations), Chapter IV (Offenses and Public Safety) Pertaining to Noise Disturbance." Finally passed. Albert Gaster, Alameda, stated that he is opposed to the addition of a 200 -foot noise limit; limits to noise control should not be calculated in feet; inquired how the Police Department will enforce the [proposed] ordinance; further stated the [proposed] ordinance does not enhance enforcement, rather it adds a road block; requested the matter be held over to allow staff review; stated the problem is enforcement of existing laws; inquired whether Councilmember Kerr would take a different action [oppose ordinance]. Councilmember Kerr responded that she would not; stated that Mr. Gaster has shared his concerns with her for over two years; that she discussed the [proposed] ordinance with the Police Chief and Acting City Attorney; the existing noise ordinance requires a Regular Meeting Alameda City Council March 2, 1999 86 decibel meter; Police Officers must measure noise levels from 55- to 75 minutes depending on the level of noise and time of day; the present ordinance restricts moving noise, e.g. boomboxes and cars, to 50 feet; the proposed ordinance is as easy to enforce as the 50- foot requirement for moving noise sources and offers another way to enforce noise problems; to address noise problems, the Police Department uses the "disturbing the peace" ordinance which is very subjective; the proposed ordinance provides a simpler criteria for residents and Police to use. Councilmember Kerr moved final passage of the Ordinance. Vice Mayor Daysog seconded the motion. Under discussion, Councilmember DeWitt inquired whether the Police Department supports the [proposed] ordinance, to which the Chief of Police stated this [200-foot rule] is another tool to enforce noise ordinance laws; the vast majority of noise complaints are handled by compliance; when an officer requests noise be 'curtailed, residents comply; in exasburated cases, the Police Department takes complaints to the District Attorney; in said cases, citation hearings rely on witness statements. On the call for the question, the motion carried by unanimous voice vote - 5. (99-106) Ordinance No. 2794, "Approving and Authorizing the Execution of a Lease Agreement between GTE Mobilnet, as Lessee, and the City of Alameda, as Lessor, for the Installation of a Telecommunications Transmission Facility within the Chuck Corica Golf Complex." Finally passed. Councilmember DeWitt moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. kilkit ik 4 Ilk kOk 4 k 64 None, COUNCIL COMMUNICATIONS (99-107) Mayor Appezzato stated there are many Y2K [Year 2000] discussions; requested the City Manager to provide a report to Council to ensure citizens the City is prepared; said report should include the status of computer readiness. (99-108) Councilmember DeWitt stated Y2K literature discusses increased security in January 2000; Police Department statistics indicate crime is down except for two areas: burglary and property Regular Meeting Alameda City Council March 2, 1999 theft; the help and support of residents are needed; citizens will have to be alert and inform the Police when crimes are witnessed; residents should begin to look out for each others' property now to be prepared for the Year 2000. (99-109) Councilmember DeWitt stated City of Oakland officials met with Vice President Gore to discuss "welfare to work" programs; the Mayors of Alameda and Berkeley were invited to attend; at the meeting, Mayor Appezzato discussed the success of the City's Base Conversion process and housing being constructed for disabled veterans; the Mayor also indicated that he met the President several years ago and requested a Revolving Loan Fund; Mayor Appezzato provided a copy of said request to the Vice President. (99-110) Councilmember DeWitt stated the Finance Director provided a monthly report which shows the refinancing of bonds for Marina Village will save the City $1,604,259 over the remaining life of the bonds. (99-111) Vice Mayor Daysog stated the Executive Director of the Housing Authority provided a report to Council indicating a Housing Authority waiting list is open; information will be published in the Alameda Journal and Alameda Times Star newspapers; requested said report be provided to Jim Franz [Alameda Red Cross] who works with the ministerial consortium; [Mr. Franz] can get out the word more Alamedans are needed on the list; the list is used to place people into public housing when it is available. (99-112) Vice Mayor Daysog stated the bidding process for [advertising] public notices is an issue every year; that he would like the lowest bid to incorporate the number of newspapers delivered weekly; that he has devised a formula which takes into account the lowest bid and the breadth of papers delivered in the course of a week; that he will deliver said formula to Council; not only the lowest dollar figure should be considered, but the numbe.. of papers distributed should also be considered; in running the numbers, Alameda Times Star newspaper still came out LIe winner [of the current Contract]. (99-113) Vice Mayor Daysog stated Mayor Appezzato was on target in his attempt to get a revolving loan fund from the federal government to help jump start the base conversion process; a critical issue with base conversion is obtaining up-front dollars, rather than waiting a number of years as is the case in a typical redevelopment process. (99-114) Mayor Appezzato stated a letter was sent to the Secretary of the Treasury requesting a revolving loan fund be reconsidered; the City would not receive grants, rather loans would be obtained which would be paid back with interest. Regular Meeting Alameda City Council March 2, 1999 (99-115) Mayor Appezzato stated the Cities of Oakland and Alameda have agreed to support the Marine Corps. in an emergency exercise; complimented Mayor Brown for joining in support of the exercise; read an editorial from the San Francisco Chronicle newspaper which stated it was shortsighted to not have the training exercise in the San Francisco Presidio. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 8:43 p.m. Respectfully submitted, Diane B. Fe sch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council March 2, 1999 8 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -MARCH 2, 1999- -7:10 P.M. Mayor Appezzato convened the Special Meeting at 7:10 p.m. Roll Call - Present: Absent: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. None. The Special Meeting was adjourned to Closed Session to consider: (99-95) Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation pursuant to subdivision (c) of Section 54956.9; Number of Cases: One. Following the Closed Session, the Special Meeting was reconvened and the Mayor announced direction was given to Legal Counsel. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:25 p.m. ectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council March 2, 1999