2000-09-19 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TULbDAY - - bh,r'1'h,1v113h,1t ly, LUUU - - / : J r .1A.
Mayor Appezzato convened the Regular meeting at 7:49 p.m. Students
from Amelia Earhart School led the Pledge of Allegiance. Elder
John Pillitiere, Alameda Chapel, gave the invocation.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr, and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
(00 -513) Mayor Appezzato announced that the recommendation to
award the Contract to Valley Crest (paragraph no. 00 -522) would not
be heard and would be addressed at a future Council meeting.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(00 -514) Presentation by Port of Oakland of Pacific Gateway: An
Illustrated History of the Port of Oakland by Woody Minor.
Chuck Foster, Port of Oakland Executive Director, presented copies
of Mr. Minor's book; outlined the Port history and businesses which
it oversees.
Author Woody Minor commented on his book; announced that he was
giving a slide presentation related to the book at the West End
Branch Library on Friday.
Mayor Appezzato stated that he would donate his copy of the book to
the Library.
(00 -515) Presentation by Amelia Earhart School Parents on proposed
Traffic /Safety Project.
Rosemary Holmes, Principal, stated there is a major traffic issue;
the Earhart Traffic Safety Committee, comprised of various
community representatives, has worked for months to address safety
issues, including loading, unloading, parking, and emergency
access; a variety of traffic strategies have been implemented and
have not been sufficient.
Vicki Miyashiro, PTA President, stated the school was designed to
accommodate 350 students; last year, there were over 700 students;
the new street cleaning schedule prohibits parking on Packet
Landing between the hours of 8:00 a.m. and 12:00 p.m. on
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Alameda City Council 1
September 19, 2000
Wednesdays, which will be an issue; congestion creates a dangerous
environment for students; three years ago, the City presented
solution costing from $200,000 to over $1 Million; the Traffic
Safety Committee, composed of parents, school staff, district
staff, City representatives, community volunteers and public safety
officers, has worked to devise a plan to alleviate congestion.
Louise Nakada, Parent, read responses to a traffic survey conducted
last year; stated Alameda Police Officers assigned to enforce
traffic at Earhart School agree something needs to be done and have
found that law enforcement does not make a difference; Officers
stated a physical change to the school needs to occur; Captain
Michael Edwards, Assistant Fire Marshall, stated the traffic
condition impacts the ability of the Fire Department to respond to
fire and medical emergencies at the Harbor Bay Club, Centre Court,
and Brittany Landing Harbor; the Fire Prevention Bureau supports
the proposed plan.
Hugh Cavanaugh, Board of Directors, Brittany Landing Harbor
Homeowners' Association, stated there are over 200 homes along
Packet Landing; outlined homeowners' concerns; stated that he
served on the Traffic Committee; urged support of the Plan.
Eugenie Thomson, Traffic Engineer, stated congestion is due to the
cul -de -sac; stated that she and the Committee recommend the
internal parking lot be reconstructed to provide a greater loading
zone capacity; presented diagrams outlining traffic problems and
the proposed solution; stated the construction cost would be
$154,000, plus right -of -way costs of approximately $60,000; fair
share cost analysis is the usual approach; the City and School
District should share the cost equally; the decision to locate the
school on a cul -de -sac was approved by City Planning; loading zones
for schools are generally provided on City streets, therefore
right -of -way costs should be shared between the City and the School
District; noted benefits of the project.
Councilmember Johnson stated the cost provided at the School Board
meeting was $154,000; inquired whether the cost is now $204,000.
Ms. Thomson responded that $154,000 is the total cost; however,
fair share analysis dictates that the School's right -of -way costs
be included, which is the additional $60,000; the School will give
approximately 13,000 square feet for loading zones.
Councilmember Kerr inquired whether the School District providing
land is considered the School's fair share contribution, to which
Ms. Thomson responded in the affirmative.
Councilmember Kerr inquired whether the School would retain title
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September 19, 2000
to the land.
Ms. Thomson responded in the affirmative; stated that [retaining
title] is typically done [in fair share analysis].
Lawrence Freeman, Parent, urged Council support of the proposal.
Bill Withrow, former Mayor, stated that he supports the recommended
solution.
Trish Spencer, Parent, stated the School has tried to come up with
alternate solutions, which have not been sufficient; encouraged
Council to consider the solution.
Tom Jordan, Executive Director, Community of Harbor Bay Isle (HBI),
encouraged Council support the project and find funding.
Councilmember Kerr inquired whether HBI could provide funding.
Mr. Jordan responded in the negative; stated the Ad Valorem tax
which HBI provides to the City every year could be a potential
source of funding.
Tiffaney Montiero, Parent, urged the Council to support the
project.
Allan Shore, Alameda, stated staff should review expansion of non -
parking zones around driveways which enter and exit Centre Court
and Brittany Landing because large sport utility vehicles block
drivers' vision; suggested the curb on the opposite side of the
street be widened; further stated transit solutions should be
reviewed.
Councilmember Johnson noted AC Transit buses serve Lincoln School,
as well as Alameda and Encinal High Schools.
Mayor Appezzato outlined funding constraints; stated that the
School District /School Board should provide the City with a
proposal; requested the City Manager to continue to meet with the
School District Superintendent.
Vice Mayor Daysog stated accidents should be prevented; the ball is
rolling and it [the proposed solution] should be built.
Councilmember Kerr commented on funding, class hours, and transit
solutions; suggested the Public Transit Committee review transit
solutions at the appropriate time.
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September 19, 2000
Principal Holmes noted parents are not willing to put young
children on AC Transit buses.
Councilmember Johnson discussed transit issues and stated $75,000
from the Traffic Mitigation Fund could be made available.
Councilmember DeWitt stated that he supports the City Manager
continuing negotiations with the District and the City providing
$75,000 in funding.
Mayor Appezzato called a recess at 8:46 p.m. and reconvened the
Regular Meeting at 8:53 p.m.
(00 -516) Presentation of the City of Alameda's new Internet E-
Permitting System by the Building Official and Acting Information
Technology Director.
The Building Official and Acting Information Technology Director
gave a brief presentation on the City's new computer program,
"Velocity Hall," which will allow permitting and permit tracking
through the Internet. The Building Official stated the City
acquired the software at no charge by agreeing to be a test site;
Alameda will be the second City in California to offer the service;
demonstrated software.
(00 -517) Mayor Appezzato announced Sebastian Baldassare,
President, Public Utilities Board, and Tom Evans, General Manager,
Alameda Power & Telecom (AP &T), would give a brief presentation.
PUB President Baldassare and AP &T General Manager Evans presented
the Mayor and Councilmembers with a plaque containing a fiber -optic
connection.
AP &T General Manager Evans noted the plaque commemorates a
milestone in AP &T's telecommunication business venture - -AP &T will
offer cable and internet services in the next six months.
Mayor Appezzato recessed the City Council Meeting at 9:04 p.m. to
hold a Special Alameda Reuse and Redevelopment Authority (ARRA)
Meeting. Vice Mayor Daysog reconvened the Regular Council Meeting
at 10:05 p.m. [Note: Following the Special ARRA Meeting, Mayor
Appezzato left the Meeting.]
CONSENT CALENDAR
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September 19, 2000
Vice Mayor Daysog announced that the recommendation regarding AP &T
Legislative Policy Positions (paragraph no. 00 -519) was removed
from the Consent Calendar for discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 4. Absent: Mayor Appezzato - 1. [Items so
enacted or adopted are indicated by an asterisk preceding the
paragraph number.]
( *00 -518) Minutes of the Regular City Council Meeting held on
September 5, 2000. Approved.
(00 -519) Recommendation to endorse Alameda Power & Telecom
Electric Legislative Policy Positions.
Len Grzanka, Alameda, stated authorizing the Public Utilities Board
(PUB) to issue letters of support or against legislation violates
the Brown Act; public input should be sought prior to committing
the City to a position; Section 3 -8 of the City Charter states:
"The Council shall act by ordinance, resolution or motion, and the
vote of each member of the Council on ordinances and resolutions
shall be entered into the journal;" inquired how Council's vote on
the PUB's positions would be entered into the record; further
stated if the PUB takes a position on behalf of the City, each
issue should come before the City Council with public comment
permitted and Councilmembers' individual votes recorded.
The City Attorney stated the City Council is acting by motion
tonight to authorize a policy position on certain bills that can be
forwarded and communicated; in the past when the City Council has
taken a policy position, staff has supported legislation consistent
with the Council's position; particular bills are brought before
the City Council if the Council has not previously acted.
Vice Mayor Daysog stated the utility industry is fast changing;
Alameda must respond quickly in Sacramento on the behalf of
ratepayers.
Councilmember DeWitt moved approval of the staff recommendation.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Kerr noted public comment on the
matter was permitted tonight.
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September 19, 2000
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Mayor Appezzato -1.1
( *00 -520) Recommendation to authorize execution of the Western Area
Power Administration Contract. Accepted.
( *00 -521) Recommendation to accept the work of McGuire & Hester for
the Main Street Ferry Terminal Parking Lot Expansion Project, No.
P.W. 09- 99 -23. Accepted.
(00 -522) Recommendation to allocate funds; and award Contract in
the amount of $1,380,000 to Valley Crest for Earl Fry Golf Course
Automated Irrigation System Project, No. P.W. 03- 00 -07. Not heard.
( *00 -523) Recommendation to authorize the City Manager to approve
the First Amendment to the Natural Gas Sales and Aggregation
Agreement with the Association of Bay Area Governments. Accepted.
( *00 -524) Resolution No. 13275, "Reappointing Lynda Olson as a
Member of the Bay Area Library and Information System Lay Advisory
Board." Adopted.
( *00 -525) Ratified bills in the amount of $ 1,490,445.68.
REGULAR AGENDA ITEMS
(00 -526) Public Hearing on Vacation of a portion of Market Street;
(00 -526A) Resolution No. 13276, "Finding Vacation of Market Street
at Madison Street Consistent with the General Plan and Approving
the Vacation." Adopted.
Vice Mayor Daysog opened the public portion of the Hearing.
Len Grzanka, Alameda, stated the Public Works Director assured him
that the City will have an independent third party appraisal of the
property's value prior to sale; the $20,000 offer would affect
property values in the neighborhood; City land sold below fair
market value negatively impacts property values in the immediate
neighborhood and throughout the City; the first offer should not be
accepted; the City Council should ensure an independent appraisal
is conducted to determine the fair market price; the sale of public
land to the proposed buyer should not impact others' property
value.
There being no other speakers, Vice Mayor Daysog closed the public
portion of the Hearing.
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September 19, 2000
Councilmember Johnson moved adoption of the Resolution.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Mayor Appezzato - 1.1
(00 -527) Ordinance No. 2844, "Amending Ordinance No. 2559, as
Amended by Ordinance Nos. 2681 and 2835, and Approving and Adopting
the Amendment to the Community Improvement Plan for the Business
and Waterfront Improvement Project (BWIP) to Change the Land Use
Designation from General Industry to Medium Density Residential."
Finally passed.
Gary McAfee, Alameda, stated commercial property is being changed
to housing; housing does not generate revenue; if a housing
development is approved, commercial property should be replaced at
another location; noted the importance of having businesses other
than computer businesses.
Mark Irons, Alameda, stated Council approval of the staff
recommendation runs over the Northern Waterfront Specific Plan;
there might be higher uses; design should have a higher priority in
decision making; some of Earhart's problems are related to a
developer driven situation at Bay Farm Island, where school impacts
were not well mitigated; Kaufman & Broad supported Proposition lA
which capped developers' school fees; Kaufman & Broad is
contributing an amount less than the cost of the sale of one house
for its 50% portion of the Specific Plan.
Gerhard Degemann, Alameda, stated the project should move forward;
however, the Council should review other locations in Alameda which
could accommodate recreation facilities; the City of Alameda does
not have sufficient recreation facilities; a community with a
population of 40,000 has a coliseum almost half the size of the
Oakland Coliseum; open space must be preserved in Alameda; there
are only a few parks and no sports facilities; every space in
Alameda is filled with housing; more housing is not needed and does
not bring in money; residents' property tax is shifted to Alameda
County and the City only receives $48 out of $2,800; new homes
require street sweeping and police and fire services; even if new
businesses are established, housing should not be created.
Councilmember DeWitt stated Mr. Degemann's comments regarding
preserving open space are justifiable; processes in place will
provide guidance on limiting the construction of housing; said
processes include the Housing Forum, Economic Development Strategic
Plan and the General Plan update; the City will have sufficient
information on the amount of housing and open space needed; a limit
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September 19, 2000
on the amount of housing should be forthcoming.
Councilmember DeWitt moved final passage of the Ordinance.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Kerr stated the Northern Waterfront
Specific Plan should be completed prior to a major development
going forward; the City needs more planning; planning should occur
prior to bulldozing; that she will support amendment to BWIP and
the General Plan, however, she will not support rezoning the
property (paragraph no. 00 -528).
On the call for the question, the motion carried by unanimous voice
vote. - 4. [Absent: Mayor Appezzato - 1.1
(00 -528) Ordinance No. 2845, "Rezoning, R -99 -1, Reclassifying and
Rezoning Property Located between Entrance Road and Hibbard Street
North of Buena Vista Avenue from M -2 (General
Industrial /Manufacturing Zoning District), to R -4 -PD (Neighborhood
Residential with a Planned Development Combining Zoning District) ".
Finally passed.
Andrew McCormack, Alameda, stated that he supports the project,
which should move forward in good taste.
Margie Joyce, Alameda, stated a vote for rezoning is a vote for the
development; there is no evidence that the development will prove
to be of significant value to the City; inquired whether there was
any support for the project; stated the Island cannot stand more
people; requested the City Council to delay the vote; further
stated the developers are hurrying the process; there are too many
negative impacts; the City should seek what is beneficial to all
citizens and not have developers' convenience and urgency be
priority; Alameda is headed in the direction of corporate profit,
over population, congestion and pollution.
Councilmember Kerr stated that she will not support the vote for
rezoning because once the property is rezoned, the entitlement to
build goes with the property; the plan is big houses on small lots
and does not match the neighborhood; houses will not face Buena
Vista Avenue; rezoning is premature because Kaufman & Broad does
not own all of the property; Weyerhauser has a "For Lease" sign
posted; there should not be a rush; the Northern Waterfront
Specific Plan should be in place prior to approval of the rezoning;
millions of dollars are being spent on Tinker Avenue extension;
however, Clement extension, which will feed into the same area near
the tube, is not being adequately addressed.
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September 19, 2000
Councilmember Johnson moved final passage of the Ordinance.
Councilmember Johnson stated the property is zoned industrial/
manufacturing; there is nothing to prevent industrial /manufacturing
use until the property is rezoned; industrial use is not desired by
residents.
Councilmember DeWitt stated new jobs are being created in the City
of Alameda; there is an obligation to creating housing to go with
jobs.
Councilmember DeWitt seconded the motion.
Under discussion, Councilmember Kerr stated Council approved the
second reading of the ordinance amending the General Plan and BWIP
(paragraph no. 00 -527) ; industrial use might require Council to
amend the General Plan; property owners do not necessarily want to
move forward in an industrial way.
Vice Mayor Daysog stated at the last meeting [September 5, 2000
Joint City Council /Community Improvement Commission Meeting] there
were speakers in favor of the project; many see the project as an
improvement; over $4.00 [in developer fees] will go towards
education; 200 of the homes will be set aside as affordable; design
review issues will be addressed in the future.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt and Johnson - 3.
Noes: Councilmember Kerr - 1. Absent: Mayor Appezzato - 1.
ORAL COMMUNICATIONS, NON- AGENDA
(00 -529) Jean Sweeney, Alameda, stated that her initiative
petition with over 4,000 signatures would be submitted to the City
Clerk on October 10, 2000 at 10 a.m.; thanked the voters throughout
Alameda for supporting the Initiative; stated every effort is being
made to make the area [Northern waterfront] park and open space;
encouraged members of the public to attend the General Plan work
shop on Saturday, September 23.
(00 -530) Susan Sperry, Alameda, stated bushes have been removed
along Shoreline Drive; [East Bay Regional Park District] Park
rangers informed her that the bushes and wild flowers were being
removed and sea grass would be installed to make the beach look
like the beach in San Francisco; clear cutting has caused sand to
blow onto the road and into the Willows [housing complex];
suggested the bushes and wild flowers be maintained and volunteers
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September 19, 2000
be sought to do the weeding.
Councilmember Johnson inquired whether Ms. Sperry had contacted the
City's elected District representative, to which Ms. Sperry
responded in the affirmative.
Councilmember Johnson stated the Assistant City Manager will follow
up.
(00 -531) Allan Shore, Alameda, suggested commercial or retail
space be considered for Marina Cove; stated an old fashioned "mom
and pop" store might be desired by the community; further stated
former East Bay Municipal Utilities District Director Danny Wan has
become a City Councilmember in the City of Oakland; Mr. Wan has
been an outstanding representative of the Asian community, as well
as the gay and lesbian community.
(00 -532) Gerhard Degemann, Alameda, suggested a new Design Review
Board be formed to review development only; stated the Board should
consist of Alameda residents, including an architect, designer,
contractor and several at -large members; that he served on the
Design Review Board for seven years; if the Board had not existed,
Harbor Bay would not be as nice; the Board rejected a proposal from
a developer from San Diego because it was not nice enough for
Alameda; urged Council to review the establishment of a Design
Review Board for [new] development.
COUNCIL COMMUNICATIONS
(00 -533) Consideration of Mayor's nomination for appointment to
the Public Utilities Board (PUB).
Vice Mayor Daysog announced that Mayor Appezzato's nomination for
appointment to the PUB was Ann L. McCormick.
(00 -534) Councilmember Kerr thanked Margie Joyce for her letter to
the editor.
(00 -535) Councilmember Kerr requested the City Manager to explore
Mr. Degemann's request for a Design Review Committee; stated that
she supports the suggestion that it be for new development only;
owners of existing homes who wish to build a new deck or window
should not be overly bothered; the Committee did a good job with
Harbor Bay Isle; the City Manager should meet with Mr. Degemann to
devise the Committee and then place the matter on the agenda.
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September 19, 2000
(00 -536) Councilmember Kerr stated there was a ceremony to accept
a large check from the Environmental Protection Agency for
investigating the mitigation of some problems at Alameda Point; the
ceremony was held at the far reaches of the northwest territories;
a new fence was put up to prevent people from wandering south of
the northwest territories; the location would be wonderful for
hiking and biking on weekends; requested staff to review the
possibility of opening the northwest territories for recreational
activities on weekends for starters.
(00 -537) Vice Mayor Daysog requested an update on prioritization
of small Capital Improvement Projects.
The City Manager stated the matter would be before Council at the
first meeting in November.
ADJOURNMENT
(00 -538) There being no further business, Vice Mayor Daysog
adjourned the regular meeting at 11:02 p.m. in memory of Don
Johnsen, former Fire Fighter.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
Agenda for meeting was posted in accordance with the Brown Act.
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September 19, 2000