1999-07-20 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JULY 20, 1999- -7:10 P.M.
Mayor Appezzato convened the Special Meeting at 7:10 p.m.
Roll Call - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(99-352) Conference with Legal Counsel - Existing Litigation; Name
of Case: City of Alameda and Citizens League for Airport
Safety and Serenity (CLASS) v. Port of Oakland.
(99-353) Conference with Legal Counsel - Anticipated Litigation;
Initiation of Litigation pursuant to subdivision (c) of
Section 54956.9; Number of potential cases: One.
Following the Closed Session, the Special Meeting was reconvened
and Mayor Appezzato announced that regarding Existing Litigation
the City Council gave instructions to the City Attorney to initiate
litigation against the Port of Oakland, and regarding Anticipated
Litigation the City Council gave instructions to the City Attorney.
Adjournment
There being no further business, Mayor Appezzato adjourned the
Special Meeting at 7:15 p.m.
Respectfully submitted,
Dane B. Felsch, C C
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
July 20, 1999
21!7
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JULY 20, 1999- -7:30 P.M.
Mayor Appezzato convened the Regular meeting at 7:45 p.m. Vice
Mayor Daysog led the Pledge of Allegiance. Pastor Don Taylor,
Central Baptist Church, gave the Invocation.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
(99-354) The Acting City Manager announced staff is recommending
that the Public Hearing to consider a proposed Negative Declaration
[paragraph no. 99-368] be continued to August 17th; stated the City
Council received a nineteen page letter from Renewed Hope, Golden
Gate Audubon Society, Sierra Club and Arc Ecology yesterday, which
raises a number of questions; staff would like thirty days to
respond.
Mayor Appezzato stated the Planning Board unanimously supported the
action; unfortunately, the letter appeared during the past 24-
hours; unless the majority of Council objects, he will support the
Acting City Manager's recommendation to ensure everyone is heard.
Councilmember DeWitt moved that the matter be continued until
August 17th and comment not be heard this evening.
Councilmember Johnson seconded the motion.
Mayor Appezzato stated the matter has been discussed for sometime;
the City is extending a courtesy; that he finds the action
regrettably inappropriate.
Vice Mayor Daysog stated the City of Alameda should move fast with
development, particularly, NAS Alameda [Ala]neda Pont]; the City
Council will be the arbiters and will be flexible and fair;
requested the matter move rapidly after it returns to Council.
Councilmember Kerr stated that she will support the motion; that
she will submit written comments to staff; if the City makes the
changes [to the Zoning Ordinance], some public processes and
Hearings will be eliminated; e.g., the right to referendum could be
eliminated; that she will send her concerns to the Acting City
Manager with copies to the Council to allow adequate consideration
in the next thirty days.
Regular Meeting
Alameda City Council
July 20, 1999
On the call for the question, the motion carried by unanimous voice
vote - 5.
***
Mayor Appezzato called a recess at 7:55 p.m. and reconvened the
Regular Meeting at 7:57 p.m.
* * *
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(99-355) Mayor Appezzato announced that he would be dedicating the
meeting to a wonderful Alamedan, Jack Capon; stated Mr. Capon was
a true volunteer whose life was dedicated to special people; truly
great people spend their lives serving others.
(99-356) Mayor Appezzato announced that the Navy has agreed to an
additional five-year lease of the Midway Shelter.
(99-357) Introduction of Ronald Temple, Ph.D., Peralta
College District's new Chancellor, by Amey Stone.
Amey Stone stated Dr. Temple is nationally recognized in
of Community College Chancellors; outlined Dr. Temple's
Community
the ranks
career.
Dr. Temple stated the District would like to continue to build
relations with the City of Alameda; the District serves the entire
community and will work with the City Council and staff, especially
regarding economic development; encouraged Councilmembers to
contact him regarding any Community College system concerns.
(99-358) Introduction of Carole Ward Allen,
representative.
Mayor Appezzato stated Carole Ward Allen
elected BART representative and Director
Laney College.
Alameda's BART elected
is the City of Alameda's
of Community Affairs for
Amey Stone introduced Ms. Allen.
Carol Ward Allen stated that she would like to improve BART
services and meet Alameda's needs; that she is phone call away and
Council should not hesitate to call.
(99-359) Presentation of Certificates of Service to: Vicki Lane,
former Civil Service Board Member; Archie Waterbury, former Library
Board Member; and Lois Workman, former Social Service Human
Relations Board Member.
Mayor Appezzato read the Certificates of Service and presented them
to Vicki Lane, Archie Waterbury and Lois Workman.
Regular Meeting
Alameda City Council
July 20, 1999
(99-360) Mayor Appezzato announced that the Park Street Business
Association (PSBA) will have its Annual Art and Wine Fair on July
31st and August 1st.
Lars Hansen, Chair, PSBA Art and Wine Fair, stated the fair will be
held on Saturday July 31st and Sunday August 1st from 10 a.m. to
6 p.m.; reviewed the Fair's booths and activities; further stated
the Bureau of Electricity, Oakland Raiders, Alameda Journal
Newspaper and Alameda Times Star Newspaper are sponsoring the
event; thanked the over 300 volunteers who will be working at the
Fair.
(99-361) Mayor Appezzato announced that the Run for the Parks will
be Sunday, August 1, 1999.
(99-362) Mayor Appezzato announced that the Port of Oakland voted
to award the Alameda/Oakland Ferry Service Contract to Blue & Gold.
CONSENT CALENDAR
Mayor Appezzato announced that the endorsement to relocate the Dog
Park [paragraph no. 99-364] and the allocation of $48,800 to the
East End Ferry Service and adoption of Resolution to apply for
Regional Measure 1 Funds [paragraph no. 99-366] were removed from
the Consent Calendar for discussion.
Vice Mayor Daysog moved approval of the remainder of the Consent
Calendar.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
(*99-363) Minutes of the Special City Council Meetings (2) held on
June 29, 1999, and the Special and Regular City Council Meetings
held on July 6, 1999. Approved.
(99-364) Recommendation to endorse relocating the Alameda Point
Dog Park to Crown Memorial State Beach.
Doug Siden, East Bay Regional Park District (EBRPD), recognized
individuals who worked to establish a Dog Park in Alameda; outlined
the history of the Dog Park; stated an EBRPD Committee set up
criteria for a dog exercise area; the Board unanimously approved
the criteria by which any City might have a dog park in relation to
the District; the ball is in the City's court.
Ellie Burke, Alameda, thanked the Mayor and City Council for
requesting EBRPD to permit the Dog Park to return to lower
Washington Park; urged the Park be relocated quickly.
Regular Meeting
Alameda City Council
July 20, 1999
Helen Jefferson thanked Mayor Appezzato for addressing the EBRPD
Board regarding the Dog Park; stated the Park is a gathering place
for people with dogs and many will participate to get the fence
back up.
Vice Mayor Daysog moved approval of the staff recommendation.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Johnson inquired the date the Park
would be relocated.
The Acting City Manager responded staff will bring an introduction
of an Ordinance before Council in the fall; the plan is for
[relocation] sometime in the winter.
Councilmember Johnson stated the effort was community driven; that
she has heard nothing but complaints about the current location;
and attendance at the Park has diminished.
Mayor Appezzato stated without a lot of money, a Dog Park was
constructed; thanked City staff, volunteers and the community.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(*99-365) Recommendation to authorize carryover of Funds from
Fiscal Year 1998-99 to Fiscal Year 1999-2000 into CIP 81-03 and
award Contract in the amount of $1,158,613 to D'Arcy and Hearty for
Infiltration and Inflow, Phase 7 Sanitary Sewer Replacement
Project, No. P.W. 11-98-27. Accepted.
(99-366) Recommendation to allocate $48,800 in additional
Transportation Improvement Funds to the East End Ferry Service; and
(99-366A) Resolution No. 13130, "Authorizing the City Manager to
Apply for Regional Measure 1 - 5% Funds for Both the East End and
Alameda/Oakland Ferry Services for FY 1999-2000 and Enter Into All
Agreements Necessary to Secure These Funds." Adopted.
Councilmember Kerr stated there will be a fare increase for the
West End Ferry Service; the Measure 1 - 5% funding for the West End
Ferry is $1.07 per passenger trip, while the subsidy for the East
End Ferry is $4.67 per passenger trip.
Councilmember Kerr moved the adoption of the Resolution with the
flexibility that staff review the fare structure for the two
services and allow 5% flexibility in shifting the subsidy funds
between the two services.
Councilmember Kerr further stated it is unfair to raise fares on
Regular Meeting
Alameda City Council
July 20, 1999
the service which is using the least subsidy per passenger trip.
The Deputy Public Works Director clarified that the same fare
increase is being required for the East End Ferry starting in
September.
Councilmember Kerr withdrew her amendment [to the staff
recommendation].
Councilmember Johnson seconded the motion.
Under discussion, Mayor Appezzato stated the Metropolitan
Transportation Commission voted to allocate $900,000 to Alameda for
ferries.
On the call for the question, the motion carried by unanimous voice
vote - 5.
( *99 -367) Ratified bills in the amount of $2,337,053.75.
REGULAR AGENDA ITEMS
(99 -368) Public Hearing to consider a - proposed Negative
Declaration (IS -99 -4) and Finding of No Significant Impact Pursuant
to the California Environmental Quality Act, and a Zoning Text
Amendment (ZA- 99 -2), to amend Subsection, 30 -4.20 of the Alameda
Municipal Code to delete the Master Plan requirement for a market
analysis and phasing diagram and allow for preparation of
Development Standards, Guidelines and Procedures in -lieu of
detailed development plans within the Mixed Use Planned Development
(MX) District;
(99 -368A) Adoption of Resolution Adopting a Negative Declaration,
IS -99 -4, for a Zoning Text Amendment to Delete the Master Plan
Requirement for a Market Analysis and Phasing Diagram and Allow for
Preparation of Development Standards, Guidelines and Procedures In-
Lieu of Detailed Development Plans Within the Mixed Use Planned
Development District (MX); and
(99 -368B) Introduction of Ordinance Approving a Zoning Text
Amendment (ZA -99 -2) to Amend Subsection 30 -4.20 of the Alameda
Municipal Code to Delete the Master Plan Requirement for a Market
Analysis and Phasing Diagram and Allow for Preparation of
Development Standards, Guidelines and Procedures In -Lieu of
Detailed Development Plans Within the Mixed Use Planned Development
District (MX). Continued to August 17, 1999.
(99 -369) Status Report on Webster /Posey Tube Seismic Retrofit
Project and recommendation to authorize the City Manager to
negotiate and enter into a Contribution Agreement with CalTrans for
Public Information Campaign Monies.
Regular Meeting
Alameda City Council
July 20, 1999
Jean Sweeney, Alameda, suggested a flag man be placed at the
entrance and exit of the Tube to allow cars to travel through the
Tube in one direction and then the other; stated closing the Tubes
will be a hardship for businesses.
Vice Mayor Daysog stated the closure poses a hardship which has to
be endured and cannot be postponed; the City should seek all
solutions to turn the negative into a positive; Senator Perata's
Office has responded to inquiries to look for available funds from
CalTrans or other State sources, e.g. grants, low-interest loans;
at the end of two years, there will more homes developed in Alameda
and more lofts/residences in downtown Oakland; if the City begins
planning now, working with current resources and with legislators
in Sacramento to create more resources, Tube closure can be used to
catapult the West End economy forward.
Mayor Appezzato stated the hardship would be greater if the Webster
Tube were not repaired; it would be irresponsible not to repair the
Tube; the City survived bridge closures; CalTrans worked with the
City; one and a half years ago, the City began preparing for Tube
closure; everyone had input on what should be done and how it
should be done; the compromise was agreed upon by merchants,
residents, the Chamber of Commerce, Marina Village, and other
groups representing the West End; the City requested money to
publicize the closures; the City requested $78,000 to split with
Oakland; CalTrans agreed to $75,00; commuters will be able to use
the tunnels during the day; Tubes will be closed around the clock
during certain times; the closure schedule will be published to
keep people aware.
Vice Mayor Daysog moved approval of the staff recommendation.
Councilmember Kerr seconded the motion.
Pauline Kelley, Alameda, stated Park Street acquired $100,000 over
a two-year period; everybody thought the [Park Street] Bridge
closure would impact business; business increased with all the
publicity.
Councilmember Kerr stated a thorough process was completed; the
College of Alameda has reprogrammed class schedules to allow
students to get in and out before Tube closures; the tube needs to
be repaired even though it is not being brought up to the level of
seismic retrofit which it should be.
Councilmember Johnson requested staff to confirm that there would
not be any lane closures during the open hours.
The Acting City Manager responded in the affirmative.
In response to Councilmember Johnson's inquiry regarding penalties
Regular Meeting
Alameda City Council
July 20, 1999
for reopening late in the morning, the Acting City Manager stated
there is a $2,500 fine for every ten minutes.
Councilmember Johnson requested City staff to determine whether
there could be a penalty for early closure.
Councilmember DeWitt stated both Tubes will closed to be
retrofitted.
Mayor Appezzato stated traffic cannot go in both directions in one
Tube; it is too dangerous; all alternatives have been considered.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(99-370) Ordinance No. 2801, "Approving Addendum to Sublease
Between Alameda Reuse and Redevelopment Authority and Audio Video
Technical Services and Accepting Assignment of Interest in Lease of
Building 22 at Alameda Point from ARRA as Sublessor, and Granting
Option to Purchase Building 22 to Audio Video Technical Services,
as Sublessee." Finally passed.
Councilmember Johnson moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(99-371) Ordinance No. 2802, "Approving (MPA-99-01) Amendment to
the Master Plan for Alameda Marina Village." Finally passed.
Councilmember DeWitt moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
(99-372) Barbara Price, Alameda, announced Andy Vianres, Scout
Troop #11, was in attendance to obtain his merit badge in
communications.
Andy Viarnes commented on the Council Meeting.
Mayor Appezzato encouraged Andy to continue with Boy Scouts.
(99-373) Richard Hunter, Alameda, stated a flyer outlining the
Neptune Bicycle Race Course did not include all street closures;
inquired whether the bicycle accident might have been the result of
poor planning and advertising.
Following Mr. Hunter's comments regarding the route and related
Regular Meeting
Alameda City Council
July 20, 1999
r
restrictions, he requested the Alameda Police Department be trained
on how to handle the public; further stated Officers need training
in initiative and community awareness.
The Acting City Manager stated for the record, the event was
planned since February and had a great deal of involvement from the
Police Department, volunteers, marshall and the like.
Mr. Hunter commented on security staff at Crab Cove Festivals
dressing in combat gear; suggested dress be changed to a civilized
uniform.
Mayor Appezzato stated the Officers are with East Bay Regional Park
District and the suggestion would be passed on to the District.
In addition to Mr. Hunter's comments regarding the bicycle race,
Councilmember Kerr stated that she received comments from people
coming into Alameda for Church on Sunday; traffic from the Tube was
backed up; there was a suggestion to hold the event at Alameda
Point; the same problem occurred on the 4th of July; two [weekends]
in a row was something no one could have foreseen.
(99-374) John Wheeler, Alameda, stated that in Kansas City,
Building Permits were passed out on 11 x 17 aircraft-orange
cardboard and had to be placed in windows to be easily read from
the street; suggested the City of Alameda do the same; stated if
building permits have to be displayed and visible from the street
there might be less construction without building permits.
Mr. Wheeler submitted handouts on the Year 2000; compared the
economic impacts of the Year 2000 to major natural disasters
occurring throughout the United States at the same time; stated the
City needs to get the people of Alameda ready; inquired what the
City is doing to help prepare the Community, e.g. awareness of
scams, calming fears; further stated extensive contingency planning
should be completed and there should be community meetings
throughout town.
Mayor Appezzato stated there was a public meeting and will be
others during the year.
The Acting City Manager stated there was a meeting and will be
another in October; there is information on the City's Web site and
links to other web sources; the Red Cross handbook has been
provided; all departments have handouts available to the public;
that he would provide said information to Mr. Wheeler.
Mayor Appezzato suggested Mr. Wheeler be contacted by the City
employee overseeing the Year 2000.
Mr. Wheeler stated that he was suggesting meetings at various
Regular Meeting
Alameda City Council
July 20, 1999
locations throughout the City, e.g. Harbor Bay.
(99-375) Michael John Torrey, Alameda, stated that he was one of
the officers working at the Neptune Bicycle Race; neighborhoods
were warned that streets would be used for the bicycle race.
COUNCIL COMMUNICATIONS
(99-376) Vice Mayor Daysog requested information on traffic
accidents at the corner of Broadway and Otis Drive.
(99-377) Vice Mayor Daysog thanked Senator Perata for requesting
State grants or low-interest loans to assist Webster Street prepare
for the year 2001.
(99-378) Councilmember Kerr stated that she received a
communication from an Alameda artist who suggested the City explore
having "Culture and Restaurant" Sundays; the event would involve
having a revolving shuttle starting and finishing in the business
areas with stops in between; people would purchase a ticket for
entry to the studios; requested the matter be passed onto the
appropriate staff; further stated PSBA and WABA could be brought on
board.
(99-379) Councilmember Johnson announced Astronaut Buzz Aldren
would be at the USS Hornet on Saturday at 11:00 a.m.; encouraged
residents to attend.
ADJOURNMENT
(99-380) There being no further business, Mayor Appezzato
adjourned the City Council Meeting at 9:08 p.m. in honor and memory
of Jack Capon.
Res ectfully submitted,
Diane B. Felsch, C C
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Rcgclar Meeting
Alameda City Council
July 20, 1999