1998-03-03 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MARCH 3, 1998- -6:10 P.M.
Mayor Appezzato convened the Special City Council meeting at 6:10
p.m.
Roll Call - Present: Councilmembers Daysog, DeWitt, Kerr,
Lucas, and Mayor Appezzato - 5.
Absent: None.
The Special Meeting was adjourned to Closed Session to consider:
(98-108) Public Employee Performance Evaluation, Title: City
Manager; and
Conference with Labor Negotiator, Agency Negotiator:
Personnel Director and Austris Rungis, Employee
Organization(s): Alameda Police Officers Association -
APOA, United Public Employees Association #790 (Police
Technicians) - SEIU.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding Public Employee Perfo mance
Evaluation, no action was taken; and regarding Conference with
Labor Negotiator, the City Council gave instructions to the City's
negotiators.
Adjournment
There being no further business, Mayor Appezzato adjourned the
Special Meeting at 7:30 p.m.
Respectfully 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 3, 1998
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MARCH 3, 1998- -7:30 P.M.
Mayor Appezzato convened the Regular Council Meeting at 7:57 p.m.
Councilmember Kerr led the Pledge of Allegiance.
Father Michael Lacey, St. Philip Neri Church, gave the Invocation.
ROLL CALL - PRESENT: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
ABSENT: None,
AGENDA CHANGES
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(98-109) Presentation by Steve Schwartzberg, Director, Alameda
County Lead Poisoning Prevention, on Lead Cleanup Kits for Property
Owners. [Councilmember Kerr]
Mr. Schwartzberg presented Lead Cleanup Kits to the Mayor and
Councilmembers.
(98-110) Presentation by Danny Wan, Director, East Bay Municipal
Utilities District, on the conversion to Chloramines as the water
disinfectant, the Seismic Improvement Program and the Water Supply
Master Plan.
Mr. Wan discussed the use of Chloramines, seismic improvements and
the Water Supply Master Plan.
Richard Sykes, EBMUD Operations & Maintenance Services Director,
explained the conversion to Chloramines.
CONSENT CALENDAR
Mayor Appezzato announced the Staff Report and Recommendation to
approve amendment to Agreement for Alameda/Oakland Ferry Service
extending Contract to March 27, 1999, and to approve fare increases
[paragraph number 98-114] was withdrawn from the Consent Calendar
for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar.
Regular Meeting
Alameda City Council
March 3, 1998
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk proceeding the paragraph number.]
(*98-111) Minutes of the Special and Regular City Council Meetings
held on February 17, 1998. Approved.
(*98-112) Recommendation to adopt Plans and Specifications and
authorize calling for bids for Infiltration and Inflow, Phase 6,
Sanitary Sewer Replacement Project, No. P.W. 11-97-28. Accepted.
(*98-113) Recommendation to adopt Plans and Specifications and
authorize calling for bids for Street Maintenance Repair - Alameda
Point, Phase 2, No. P.W. 12-97-30. Accepted.
(*98-114) Recommendation to approve amendment to Agreement for
Alameda/Oakland Ferry Service extending Contract to March 27, 1999,
and to approve fare increases.
Kelly Kearney, Alameda, urged the City Council to approve the
recommendation.
W. G. Claytor, Alameda, stated Ferry riders pay a premium for
choosing to commute by Ferry; [Council] should consider the impact
of the fare increase on ridership; new runs do not have land side
connections, and without corresponding public transportation riders
must drive cars to the Ferry terminal; the new schedule has caused
a loss of regular riders; if the Encinal [Ferry boat] breaks down,
the back-up boat, the Ohlone Spirit, will not be able to run on the
same schedule; one day last week the 7:30 a.m. run was cancelled
because the slower back-up boat could not maintain the schedule.
Cheri Sheets, Civil Engineer, Engineering Division, City Hall,
stated staff was working with AC Transit on upgraded schedules; net
ridership is up 13% to 14%; discussed the use of certain back-up
ferry boats; and stated recent ridership poll supports moving ahead
with fifteen-trip schedule and fare increase.
Robert Claire, Alameda, stated ferry service had worsened; boats do
not show up; a fare increase would not work; and a consensus of the
ridership should be considered.
Cheri Sheets stated a rider poll was conducted on Friday; the
majority [of riders] stated a fee increase is acceptable as long as
service quality is maintained to pre-BART strike levels;
reliability issues, such as the inability to maintain the schedule
while the Encinal was being refurbished, have been addressed; the
Encinal is back in service; the new contract does not permit use of
slow back-up boats.
John V. Gatewood, Oakland, urged Council to extend the contract
Regular Meeting
Alameda City Council
March 3, 1998
with Blue & Gold Fleet; and stated the Ferry service should be
marketed to BART riders.
Pip Ellis, Public Relations Officer, Blue & Gold Fleet, stated Blue
& Gold is committed to the community and riders; and apologized for
recent scheduling problems due to extraordinary situations, e.g.
storms, sewer line repair.
Ernest Sanchez, Sanchez Communications, stated ferry service has
increased 15% per year
Councilmember Kerr questioned why the Alameda Ferry Service was not
mentioned on the Channel 2 Television Program "Mornings on 2";
stated said Program provides information on BART-, bus- and Golden
Gate ferry- services.
Mr. Sanchez responded Service Bureaus were contacted every day, and
that television stations were primarily interested in advising
commuters which way not to go.
Councilmember Daysog stated a simple survey instrument and
[suggestion] box should be provided on ferries so that riders can
express concerns.
Councilmember Lucas moved approval of the recommendation.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr stated fares should not be
raised on the West End service; the public subsidy is much less
than the subsidy for the East End ferry; the increase in bridge
toll is going to the East End ferry service; both ferry services
are being charged the same, although the public subsidy needed for
the West End is less; subsidy per passenger is $1.71 [West End
service] versus approximately $5 [East End Ferry service].
Mayor Appezzato inquired what the subsidy was for each ferry
service.
Cheri Sheets responded the West End receives $600,000 in public
subsidy per year and the East End receives $500;000; and the West
End service provides quite a bit more service than the East End
service.
Mayor Appezzato noted if marketing strategies for the East End
ferry are successful, the subsidy per passenger would drop.
Councilmember Daysog stated ferry rates were being increased to
provide more service; and questioned whether a provision should be
made for decreasing fares in the event service should be reduced.
Regular Meeting
Alameda City Council
March 3, 1998
Cheri Sheets responded the current Contract allows fare schedules
to be changed at any time.
Vice Mayor DeWitt suggested Graham Claytor meet with staff to
discuss concerns.
Councilmember Lucas complimented staff and ferry service for
providing increased service.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas, and Mayor
Appezzato - 4. Noes: Councilmember Kerr - 1.
(*98-115) Recommendation to authorize the City Manager to negotiate
and execute an Amendment to the Construction Agreement between Fox
Construction, Inc. and City of Alameda for Accessibility Upgrades
for Woodstock Park - Phase 1, No. P.W. 12-96-14, and reallocation
of Funds from CIP 83-2, City Building Improvements. Accepted.
(*98-116) Resolution No. 12965, "Authorizing Submittal of
Application for Hazardous Mitigation Grant Funding." Adopted.
(*98-117) Resolution No. 12966, "Authorizing Application for
1998/99 Transportation Development Act Funds for Pedestrian/Bicycle
Projects." Adopted.
(*98-118) Resolution No. 12967, "Authorizing Execution and Filing
of an Application with Metropolitan Transportation Commission to
Program Regional Improvement Program Funds into 1998 Regional
Transportation Improvement Program for 1-880 Broadway/Jackson Ramps
and Purchase a Refurbished Ferry Vessel." Adopted.
(*98-119) Ratified bills in the amount of $3,098,529.58.
REGULAR AGENDA ITEMS
(98-120) Public Hearing to consider adoption of a Negative
Declaration of Environmental Impact (IS-96-9), an Amendment to the
General Plan Diagram (GPA-96-5) from Neighborhood Business to-Low-
Density Residential, Medium-Density Residential, or Office, and a
Rezoning (R-96-4) from C-1 (Neighborhood Business District) to
either: R-1 (One-Family Residence District), R-2 (Two-Family
Residence District), R-3 (Garden Residential District), R-4
(Neighborhood Residential District), R-5 (General Residential
District), or R-6 (Hotel Residential District), with a possible P-D
(Planned Development Combining District) in combination with any of
these residential districts; or A-P (Administrative Professional
District), for property located at 900 Otis Drive. Applicant: City
of Alameda; and
(98-120A) Resolution No. 12968, "Adopting a Negative Declaration,
Regular Meeting
Alameda City Council
March 3, 1998
IS -96 -9, for a General Plan Amendment to Change the Designation of
900 Otis Drive from Neighborhood Business to Low- Density
Residential and for a Rezoning of the Parcel from C -1 (Neighborhood
Business District) to R -1 -PD (One-Family Residence, Planned
Development Combining District)." Adopted; and
(98 -120B) Resolution No. 12969, "Adopting General Plan Diagram
Amendment, GPA -96 -5, to Change the Designation of 900 Otis Drive
from Neighborhood Business to Low - Density Residential." Adopted;
and
(98 -120C) Introduction of Ordinance Reclassifying and Rezoning
Certain Property Within the City of Alameda from C -1 (Neighborhood
Business District) to R -1 -PD (One - Family Residence, Planned
Development Combining District) by Amending Zoning Ordinance No.
1277, N.S. for that Property Located at 900 Otis Drive.
Introduced.
Mayor Appezzato opened the public portion of the Hearing.
• 00
t
Ray Moser, Alameda.
Sylvia Edwards, Alameda.
Tom Degrano, Alameda.
Opponents:
None.
Vice Mayor DeWitt moved approval of the staff recommendation
[Adoption of Resolutions and Introduction of Ordinance].
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(98 -121) Recommendation to accept status report on study of Ninth
Street flooding near the Northern Terminus and the 1000 block of
Eagle Avenue. [Councilmember Kerr]
Rachel Brockl, Alameda, 1015 Eagle Avenue, stated her backyard
floods when it rains and her two dogs cannot go outside; sandbags
do not keep water from entering the garage and storage room in the
backyard making it impossible to access her bicycle and games.
Bianca Brockl, Alameda, 1015 Eagle Avenue, stated water accumulates
to the point of flooding in her backyard; the City's sandbag
program has helped deal with the flooding; before Parrot Village
was built, [water] build up during rains did not occur.
Edith Casper, Alameda, stated that she has lived at 1011 Eagle
Regular Meeting
Alameda City Council
March 3, 1998
Avenue for 56 years; gave a brief history of development of the
land behind her house; and stated when Parrot Village was
constructed, the City Engineer promised drainage would be put in;
and an auxiliary pump and pump at the end of the block should be
installed to alleviate water runoff.
Robert Rothrock, Alameda, stated that the catch basin near his
house [on Ninth Street] has only been cleaned once in the past
three years; six to eight houses at the end of the road, three of
which are maintained by seniors, suffer flooding; improvements to
elevate his home would not be necessary if the drain worked.
Debra Arbuckle, Alameda, stated flooding has occurred every year;
flooding usually occurs in the middle of the night during high
tides; and played a home video of the flooding.
Councilmember Kerr stated the effect of each new development on the
storm drainage of adjacent developments should be considered from
this point on, especially since the City is redeveloping much of
the Island; Parrot Village is an example where fill was brought in
and had a serious effect on the existing houses; a relief line
should be run to Constitution Way and connect with the line that
leads to the Marina Village Pumping Station; cost for said relief
line would be approximately $120,000; and future Negative
Declarations should consider the capacity of the Storm Drainage
System and developers contributing funds, if needed, for the
System.
Councilmember Daysog stated Council makes commitments to discreet
segments of the community, even expensive commitments; for example,
the $400,000 to upgrade Woodstock Park to meet State mandated ADA
requirements; Council should be prepared to pay whatever it takes
to make sure neighborhoods' investments are taken into
consideration; the issue before Council is not simply a Ninth
Street issue nor an Eagle Avenue issue; the issue is City-wide;
Council should give concrete direction and funding commitments; and
that he believes the City can fund $500,000 [for improvements] by
budgeting said monies.
The City Manager stated the problem will require multiple
solutions; in the next three weeks, the Engineering Department and
Maintenance Division will review the drainage in the area [Ninth
Street Flooding], as well as the size and capacity of existing
drainage; staff will be discussing what is found in the next three
to four weeks with the neighbors; a larger project probably will be
considered, including an auxiliary line associated with the forty
five inch line that runs along the property to the north; staff
will be looking at the Capital Improvement Project and provide a
recommendation to Council; and all of the flood areas will be
addressed.
Regular Meeting
Alameda City Council
March 3, 1998
The Public Works Director stated both short- and long-term
solutions would be addressed.
The City Manager stated possible funding sources were also being
reviewed.
Mayor Appezzato stated the staff report should include all of the
areas throughout the City affected by flooding.
Councilmember Lucas stated certain catch basins had not been
cleaned for a long time, e.g. Ninth Street area, in front of the
Times Star Building, Oak Street & Encinal Avenue, Taylor & Fourth
Street; and requested a list of catch basins, information on the
care of said basins, and the regular maintenance schedule for same.
The Public Works Director stated two thirds of the basins had been
cleaned during the past year, and discussed related priorities and
goals.
Councilmember Kerr stated cheaper solutions which could be done in
a timely fashion should get higher priority than long-term
expensive solutions; the catch basins on Ninth Street are dirt-
floored basins; the tide is pushing water up into the basins
because of the dirt floors; the basins may be full even when it is
not raining; and Community Block Grant funding for low-income
neighborhoods should be investigated.
Mayor Appezzato stated Alameda is an old city; there are a lot of
maintenance problems; sewer system in the northside area will be
replaced; and noted there would be some inconvenience during said
improvements
Councilmember Kerr moved acceptance of the report.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(98-122) Introduction of Ordinance Amending the Alameda Municipal
Code by Adding a New Section 4-25 (Parking Prohibited in Front
Yards and Side Yards of Residentially Zoned Property) to Chapter IV
(Offenses and Public Safety). Introduced.
June Williams, Alameda, stated parking on lawns impacts the quality
of life in neighborhoods; discussed the abatement of nuisances; and
inquired whether officers would be working evenings and weekends to
enforce the law.
The Chief of Police stated officers are available to respond to
calls 24-hours a day.
In response to Mayor Appezzato's inquiry, the Chief of Police
Regular Meeting
Alameda City Council
March 3, 1998
stated [the Police Department] has adequate staffing, however,
parking enforcement calls are not top priority and are further down
the triage schedule for response.
Councilmember Lucas stated there are many [City-] approved parking
spaces in front of homes; people paved over front yards with
approval from the Planning Department; and questioned whether the
Police Department would know which homes were given said approval.
Mayor Appezzato stated that he hoped the City was not approving
paved-over front yards.
The City Manager stated the matter of approved- and unapproved
paved front yards would require coordination between the Planning
and Police Departments.
The Chief of Police stated much of the enforcement would be placed
upon the Code Enforcement Unit [CEU]; CEU works very closely with
Planning Department and City Attorney's Office.
Councilmember Kerr stated front yard parking spaces were created in
older neighborhoods; the detailed permit history had been lost; and
a solution should be found to not cite citizens with legal off-
street parking spaces.
The City Manager stated the matter would need to be addressed on a
case-to-case basis.
Mayor Appezzato stated a lot of problems being faced today; e.g.
parking, noise, came from the destruction of Victorian homes; the
problem would be greater had it not been for Measure A [1973].
The Chief of Police stated residents would be warned of the new
Ordinance.
A. Gould, Alameda, stated the proposed Ordinance infringes upon
property owners' rights; a previous Ordinance restricting parking
of motor homes was passed only to be repealed weeks after; the
parking problem should be addressed with property owners who rent
without providing adequate parking; and that he believes the
Ordinance is not enforceable.
Councilmember Lucas moved introduction of the Ordinance.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(98-123) Ordinance No. 2754, "Approving and Adopting the Proposed
Community Improvement Plan for the Alameda Point Improvement
Project." Finally passed.
Reyular Meeting
Alameda City Council
March 3, 1998
Councilmember Daysog moved final passage of the Ordinance.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(98- 124) Ordinance No. 2755, "Amending Ordinance No. 2096 to
Extend the Existing Cable Franchise Agreement with United Cable
Television of Alameda, Inc., D/B/A TCI Cablevision of Alameda for
Six Months to enable Completion of Franchise Negotiations. Finally
passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
None.
COUNCIL COMMUNICATIONS (Communications from Council)
(98-125) Consideration of Mayor's nominations (2) for appointment
to the Cable TV Advisory Committee. [Member-at-large with a
background in business and finance, and Member-at-large with
expertise in youth and minority interests]
Mayor nominated Julie E. Caldwell and James A. Carter to the Cable
TV Advisory Committee.
(98-126) Information on the U.S. Conference of Mayors' long-term
commitment to America's Promise - The Alliance for Youth. [Mayor
Appezzato]
Mayor Appezzato requested Council support of a Pledge Card to
America's Promise to Youth, the completion of a Needs Assessment,
the securing of one major commitment to address the needs of the
City's youth; the preparation of an Action Plan identifying non-
profit organizations which would help with said effort; the
securing of commitments to address the needs in specific geographic
areas of the City; and the designation of a senior City contact to
coordinate with America's Promise. Mayor Appezzato also noted a
lot of work had previously been done.
Vice Mayor DeWitt stated the Youth Collaborative had been meeting
with young people in the high schools; one principle goal is to
find employment; steps are being taken to procure a coordinator to
find jobs; the County and other agencies have joined in the effort;
and the Mayor should identify said goal when in attendance at the
Conference.
Regular Meeting
Alameda City Council
March 3, 1998
Councilmember Daysog stated the Mayor should proceed with signing
said document(s).
Vice Mayor DeWitt questioned whether the Council could take action
on the aforementioned matter, to which the City Attorney responded
matter had been agendized as an information item, as opposed to an
action item; that the Mayor could obtain general comments from the
Council; that she did not believe an actual vote was required for
the Mayor to sign said document(s); Council could discuss the
matter; that she did not believe a motion or action on behalf of
the entire Council was appropriate. The City Attorney further
stated if the Mayor desired Council's vote, said matter should be
placed on an agenda.
Councilmember Lucas stated America's Promise was a terrific
Program; said Program fit the community; a lot of work had already
been done; the Mayor and Vice Mayor had been working toward said
effort; and suggested both the Mayor and Vice Mayor attend the
meeting in Chicago.
Mayor Appezzato stated the matter of attendance should be placed on
the Agenda.
The City Attorney stated if the Mayor wanted a commitment for the
five [aforementioned] specific items, the matter should be
agendized for a Council vote; if the Mayor wanted to send the
Pledge Card and intended to seek Council support for the specific
items, he could proceed with signing the Pledge Card.
Mayor Appezzato stated the Council, as a team, should express
support; the City, County and School District were committed to
providing a year-round program for youth employment, and the
business community was solicited to hire youth.
(98-127) Mayor Appezzato stated the matter of accommodating two
extra parking spaces/parking meters across from City Hall [former
site of Texaco Gas Station] should be addressed.
(98-128) Councilmember Daysog commended staff for swiftly moving
a violent dog out of the City.
(98-129) Mayor Appezzato stated the Natural Hazard Disclosure
Statement became effective March 1; the Statement may not be
applicable to the City of Alameda; the requirement is becoming
costly for Homeowners and Realtors. Mayor Appezzato questioned
whether the City, as a service, could do anything statutorily to
comply with the Statement; stated if certain statements to
homeowners and realtors could be made that the Disclosure Statement
did not apply, money and work could be saved.
Regular Meeting
Alameda City Council
March 3, 1998
Councilmember Lucas stated the City Manager should check with the
Board of Realtors, since said Board has a Government Liaison
Committee.
(98-130) Councilmember Lucas requested an off-agenda report on
whether property owners are permitted to pave over front yards.
RAN
(98-131) There being no further business, Mayor Appezzato
adjourned the meeting at 10:09 p.m. in memory of Vice Mayor
DeWitt's sister, Nadine DeWitt.
Respectfully submitted,
Di ne B. Fe sch, C C
City Clerk
The notice for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
March 3, 1998