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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 Regular Meeting 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 Regular Meeting Alameda City Council 2 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. Regular Meeting Alameda City Council 3 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 Regular Meeting Alameda City Council 4 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. Regular Meeting Alameda City Council 5 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. Regular Meeting Alameda City Council 6 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 Regular Meeting Alameda City Council 7 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. Regular Meeting Alameda City Council 8 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 Regular Meeting Alameda City Council 9 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. Regular Meeting Alameda City Council 10 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. Regular Meeting Alameda City Council 1 1 September 19, 2000