1999-06-01 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JUNE 1, 1999- -7:00 P.M.
Mayor Appezzato convened the Special Meeting at 7:00 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:
(99-254) 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.
(99-255) Conference with Real Property Negotiator; Property:
Fleet Industrial Supply Center and Alameda Point;
Negotiating Parties: Alameda Unified School District and
City of Alameda; Under Negotiation: Terms and Conditions.
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; and
regarding Conference with Real Property Negotiator, Council
discussed the status of real property negotiations; gave direction
to negotiators; no decision was made.
Adjournment
There being no further business, Mayor Appezzato adjourned the
Special Meeting at 7:40 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
June 1, 1999
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JUNE 1, 1999- -7:20 P.M.
Mayor Appezzato convened the Special Meeting at 7:50 p.m.
Roll Call - Present:
Absent:
Agenda Item
Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
None.
(99-256) Resolution No. 13108, "Authorizing the Public Works
Department to Perform Construction Work at the City Skatepark
pursuant to Section 3-15 of the Alameda City Charter." Adopted.
Katie McAvoy, HOME Project, invited the City Council to attend a
festival celebrating the Skate Park construction on June 6, 1999
from 12:00 p.m. to 6:00 p.m. at the new City View Skatepark; stated
there will be bands, booths, food and the event will be fun.
Mayor Appezzato requested staff to make a presentation on the
construction work at the Skate Park.
The Public Works Director responded Council is being asked to
consider allowing Public Works Department staff to finalize
construction of the Skateboard Park, stated there was a tremendous
community effort to construct the Park; approximately 85% of the
entire Park - and 95% of the skateboard portion was completed;
Council approval will allow the Public Works Department staff to
put on the finishing touches.
Mayor Appezzato complimented the Public Works Director, Acting City
Manager, and all City departments, e.g. Police, Fire, Public Works
and Recreation, for working on the skateboard park.
Councilmember Kerr requested the Public Works Director to review
the landscaping schedule.
The Public Works Director responded the last concrete work will be
completed tomorrow; the Recreation and Park Department hopes to
complete landscaping in the concrete planting boxes at the front of
the park first; the sloped area on north and west sides will have
topsoil with landscaping; volunteers could be used to assist with
the landscaping.
Councilmember Kerr requested the Public Works Director to provide
Special Meeting
Alameda City Council
June 1, 1999
Council with the [landscaping] schedule after it is established to
allow people to participate.
Cindy Zecher, Stand for Children, encouraged everyone to attend the
festival; stated everyone did a tremendous job on the park;
thanked Council for making many youths dreams possible.
Mayor Appezzato stated people will be able to walk around the Skate
Park; skating on the facility is not possible until June 18, 1999;
the first permanent facility on the former Naval Base is for the
youth.
Councilmember DeWitt moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
Adjournment
There being no further business, Mayor Appezzato adjourned the
Special Meeting at 8:02 p.m.
Respectfu
y submitted,
Di ne B. Fe sch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
June 1, 1999
r
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JUNE 1, 1999- -7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 8:05 p.m.
Councilmember DeWitt led the Pledge of Allegiance. Reverend Myong
Bae Choi, Alameda Korean Presbyterian Church gave the Invocation.
ROLL CALL - Present: Councilmember Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
[Note: Councilmember Kerr left at 8:37 p.m.]
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(99-257) Presentation by Michelle Gitmed on the City of Alameda
and the Year 2000.
Michelle Gitmed gave a presentation on the Year 2000 Problem,
including preparation at the County, State, Federal and Global
levels, the City of Alameda's preparations and steps individuals
can take to be prepared.
Mayor Appezzato suggested a Year 2000 presentation be given again
in October or November.
In response to Councilmember Johnson's inquiry regarding traffic
signals, Ms. Gitmed stated the majority of the traffic signals were
tested and passed.
Vice Mayor Daysog inquired whether the Port of Oakland and the
Oakland Airport are prepared for the Year 2000.
Ms. Gitmed responded that according to the Port of Oakland,
everything should be fine; stated ship trafficking is controlled by
the U.S. Coast Guard; the Port is working with the FAA to make sure
that the Airport's key systems will be ready.
In response to Vice Mayor Daysog's inquiry regarding preparedness
of the City's vendors, Ms. Gitmed stated each department obtained
letters from vendors; language is being included in all new
contracts to cover the Year 2000 issue.
Vice Mayor Daysog further inquired whether the intention of the new
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June 1, 1999
155
language [included in Contracts] could be transmitted to vendors
currently contracting with the City, to which Ms. Gitmed responded
that she can review the matter with the City Attorney.
Councilmember Kerr noted the City only has three computer
technicians serving the entire City.
(99-258) Proclamation declaring Alameda to be a "Relay for Life
Community" on June 5 and 6, 1999.
Mayor Appezzato read the Proclamation and presented it to Nancy
Wonder, Co-Chair of the Event.
(99-259) Proclamation declaring June 6, 1999 as Alameda Utopian
Kids and Stand for Children Day.
Mayor Appezzato read the Proclamation and presented it to Cindy
Zecher.
(99-260) Proclamation recognizing the Gay and Lesbian Community of
the City of Alameda.
Mayor Appezzato read the Proclamation and presented it to Sherry
Stoll and Christine Allen.
Geri Creque Stongh, Girl Scouts of Alameda and Temple Israel,
thanked the Mayor for presenting the Proclamation.
Dr. David E. Deppe, Alameda, stated the Proclamation is important
for the children of Alameda.
Len Grzanka, Alameda, stated no issue divides the community more
than homosexuality; suggested a Proclamation recognizing June as
Alameda Pride Month be issued to encourage Alamedans to do one
thing for the community; an honor roll could be posted at City Hall
to record good deeds; all hetero- and homosexual Alamedans could
take pride in the month of June.
Ken Werner, Social Service Human Relations Board (SSHRB) and
Alamedans Together Against Hate (ATAH), stated the SSHRB supports
the Proclamation; the SSHRB established the hate and intolerance
response team process to respond to people being beat up, called
names and harassed; the second highest group which suffers from
bias-related incidents are gay and lesbian citizens; bias and hate
do not belong in Alameda.
***
Mayor Appezzato called a recess at 8:37 p.m.; Councilmember Kerr
left the Council Chambers at the Recess; and Mayor Appezzato
reconvened the Meeting at 8:59 p.m.
* * *
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June 1, 1999
156
CONSENT CALENDAR
Mayor Appezzato announced that the recommendation to authorize
sending a letter of support for SB 3 [paragraph no. 99-266] and
recommendation to accept the Eighth Annual Report on Implementation
of the Housing Element [paragraph no. 99-267] 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 - 4. Absent: Councilmember Kerr - 1. [Items
so enacted or adopted are indicated by an asterisk preceding the
paragraph number.]
(*99-261) Minutes of the Special City Council Meeting held on May
12, 1999; the Special Joint City Council and Community Improvement
Commission Meeting held on May 12, 1999; the Special Joint City
Council and Community Improvement Commission Meeting (Closed
Session) held on May 18, 1999; and the Special (Closed Session) and
Regular City Council Meetings held on May 18, 1999. Approved.
(*99-262) Recommendation to accept Report on the Local Law
Enforcement Block Grant Program. Accepted.
(*99-263) Recommendation to award Contract in the amount of $99,253
to N.V. Heathorn, Inc. for Marina Village Stormwater Pump Station
Mechanically Cleaned Trash Rack, No. P.W. 07-98-19. Accepted.
(*99-264) Recommendation to reject all Bids for Utility Upgrades of
Building 7, Alameda Point, 851 N. Midway, No. P.W. 10-98-26.
Accepted.
(*99-265) Recommendation to accept report on Survey Results to
consider expanding the Annual Clean-Up Program to Multi-Family
Properties. Accepted.
(99-266) Recommendation to authorize the Mayor to send a letter
expressing Council's support for SB 3 ($1 Billion General
Obligation Bond Measure for the Construction or Rehabilitation of
Public Libraries).
Marilyn Ezzy Ashcraft, Library 2000, stated if SB 3 passes, there
would be a Measure on a ballot in the year 2000; the last time a
Library Bond was approved by State legislature was eleven years
ago; qualifying jurisdictions would receive 65% of the cost to
build or renovate a library, as long as 65% is not greater than $20
Million; invited individuals interested in SB 3 to attend the next
Library 2000 meeting.
Regular Meeting
Alameda City Council
June 1, 1999
Councilmember Johnson moved approval of the staff recommendation.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 4. Absent: Councilmember Kerr - 1.
(99-267) Recommendation to accept the Eighth Annual Report on
Implementation of the Housing Element.
Father Jeffrey Keyes, St. Barnabas Church, stated the Alameda
Journal newspaper reported that in the 1998 calendar year, ten
units were built for families with moderate income, fifty-one units
were constructed for above-moderate-income families, and no units
were completed for low- or very-low income households; a St.
Barnabas survey showed that 75% of parishioners are having
difficulty with housing needs; in one year, rent increased from
$900 to $2000; St. Barnabas had 1,100 registered families and now
has 857; most families are moving out of the City because they
cannot afford the rent; inquired how the City Council makes
decisions; stated money and profit seem to drive choices, not
people's lives; further inquired whether the RFP for East Housing
was posted for everyone or only Catellus.
Mayor Appezzato stated everyone was invited to participate; there
were seven responses to the Request for Qualifications; the City
picked three to respond to the Request for Proposals: Lincoln
Properties, The Martin Group and Catellus; Catellus was selected in
an open process; there was a City-wide process, including B.R.A.G.
business groups, and Boards and Commissions.
Christine Harrison, Alameda, inquired whether there was a bidding
process for the Fleet Industrial Supply Center [FISC] or East
Housing.
Mayor Appezzato responded that he was referring to FISC; East
Housing was given to Catellus.
Ms. Harrison further inquired whether there was a bidding process
for East Housing.
Mayor Appezzato responded in the negative.
Vice Mayor Daysog stated the East Housing process was made public
on January 21, 1997 when the FISC process began; Council directed
staff to notify developers to include East Housing in proposals;
Catellus designs incorporated East Housing; Lincoln Properties did
not include East Housing; the Martin Group proposed to work with
non-profit organizations for East Housing; Catellus was selected
for a number of reasons; the matter is still being negotiated.
Ms. Harrison stated there was not a bidding process for East
Housing itself; the City had a bidding process for FISC, then
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158
people were asked to include East Housing.
Mayor Appezzato responded the City Council selected Catellus for
East Housing and did not follow the same process as FISC; stated
there is not a written agreement with Catellus, yet; the City does
not own the [former Navy] Base, yet.
Councilmember DeWitt moved approval of the staff recommendation.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Kerr - 1.
(*99-268) Resolution No. 13109, "(1) Amending Memorandum of
Understanding Between the City of Alameda and Alameda Management
and Confidential Employees Association; (2) Adopting a Salary
Schedule for the Office of City Clerk; (3) Amending Contracts
Between the City Manager and the City of Alameda and the City
Attorney and the City of Alameda; and (4) Adopting a Salary
Schedule for Four Unrepresented Employees [Assistant City Manager,
Deputy City Manager, Human Resources Director and Chief of
Police]." Adopted.
(*99-269) Ratified bills in the amount of $1,286,310.23.
REGULAR AGENDA ITEMS
(99-270) Public Hearing to consider placing the collection of
Delinquent Business License Fees on Property Tax Bills.
Mayor Appezzato opened the public portion of the Hearing.
Opponent
Tracy Walz, Alameda.
Mayor Appezzato closed the public portion of the Hearing.
Mayor Appezzato stated that City staff should not be directing such
matters to the City Council; staff is paid to answer questions.
The Finance Director stated there is a provision in the business
license ordinance which states the City is not required to send a
bill; if the City is aware of the business, a courtesy notice is
sent out.
Mayor Appezzato inquired whether staff is aware of laws and
procedures, to which the Finance Director responded in the
affirmative; stated procedures would be reviewed with staff.
In response to Mayor Appezzato's inquiry regarding other people
bringing their licenses up-to-date, the Finance Director stated
Regular Meeting
Alameda City Council
June 1, 1999
over half of the outstanding licenses have been collected.
In response to an inquiry from Mayor Appezzato, the Finance
Director stated one letter was received disputing square footage;
the City will work with the property owner to resolve the matter.
Mayor Appezzato stated employees should treat citizens with
knowledgeable information; requested the Finance Director to meet
with Ms. Walz.
The Finance Director stated staff most likely explained that City
staff cannot waive fees, only City Council.
The Acting City Manager stated City staff works hard at customer
service; staff will follow up on the matter.
Councilmember DeWitt inquired whether the City has a way of knowing
when new businesses are established.
The Finance Director responded that new businesses have an
obligation to obtain a business license; the City uses several
sources to track new businesses; sometimes it takes a couple of
years to catch up with new businesses; the business license
ordinance is clear that the notice is a courtesy notice.
In response to Councilmember Johnson's inquiry regarding providing
notice to businesses with outstanding fees, the Finance Director
stated notices were sent prior to the Public Hearing.
Councilmember DeWitt moved acceptance of the staff report.
Vice Mayor Daysog seconded the motion which carried by unanimous
voice vote- 4. Absent: Councilmember Kerr - 1.
Councilmember DeWitt clarified that his motion was to approve the
staff recommendation.
(99-271) Recommendation to appropriate funds for Professional
Design Services for Roof Restructuring at the Veterans' Memorial
Building at 2203 Central Avenue.
Mayor Appezzato requested staff to provide a brief presentation on
the matter.
The Public Works Director stated By-Laws have been established for
a Veterans' Building Committee; the By-Laws state the Committee is
to work with the Public Works Director to identify and prioritize
Veterans' Building Capital Improvement Projects and maintenance
needs; the Committee unanimously supported the roof repair project;
staff estimates the study and development of Plans and
Specifications will cost $30,000.
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June 1, 1999
160
In response to Mayor Appezzato's inquiry regarding the cost to
repair the roof, the Public Works Director responded construction
is estimated at $100,000 to $150,000.
Mayor Appezzato further inquired whether staff needs to spend
$30,000 up front, to which the Public Works Director responded that
the $30,000 is needed for the Plans and Specifications; the
$100,000 estimate does not include design.
Mayor Appezzato stated Mark Chandler, who is with one of the
American Legion Groups, informed him [Mayor Appezzato] that a
portion of property taxes should be allocated to Veterans'
buildings throughout the County; if there is an allocation, the
City should obtain the funding from the County; requested the
Finance Director to review the matter.
Mayor Appezzato further requested: 1) City staff review whether the
County can provide funds and, 2) a letter, signed by him, be sent
to County Supervisor Wilma Chan which includes the City accepted
the Veterans' building at the request of the County.
Councilmember DeWitt inquired why the roof design study is
necessary, to which the Public Works Director responded that the
County repaired the roof by adding additional patches; some layers
have five- to six patches; initial analysis has revealed that the
roof pitch will have to change in areas.
Mayor Appezzato requested staff to review whether there are any
State grants for historic buildings, and stated everything should
be cleared with the Veterans.
Roy Edwards, Disabled American Veterans, stated that the Veterans
appreciate City staff; thanked the City for forming the Veterans'
Building Committee.
Councilmember Johnson moved approval of the staff recommendation.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 4. Absent: Councilmember Kerr - 1.
ORAL COMMUNICATIONS, NON-AGENDA
(99-272) Tony Dirito, Alameda, stated on April 6, 1999, the City
Council considered sending letters of support for two legislative
Bills, AB 202 (Knox) and SB 15 (Polanco); that he requested before
the Council took action that the following be reviewed: 1) Senator
Polanco's letter; it was full of inaccurate statements and facts;
and 2) the passage of SB 15 would set up the City of Alameda for
lawsuits based on the use of unsafe equipment in the work place;
that he contacted Senator Polanco's office and spoke to Bill Mabie;
Mr. Mabie admitted the letter was misleading; not all City Councils
Regular Meeting
Alameda City Council
June 1, 1999
161
in the State sent letters of endorsement; SB 15 would have set up
local governments for lawsuits; the Bill has been amended to
eliminate the threat of unsafe workplace lawsuits; the City should
not put its financial future on the line for the political
advancement of State representatives; that he is concerned with the
welfare of the City of Alameda; if the City is requested to support
State legislation in the future, the City Attorney should review
the legislation to make sure there are no legal consequences for
the City.
Mayor Appezzato stated staff reviews legislation prior to placing
a matter on the agenda.
(99-273) Richard Neveln, Alameda, stated there was bus transit to
Alameda Point on Memorial Day; commended the Public Works Director
and his staff; stated the bus service was not perfect, however, the
City and A.C. Transit can strive to make service work for all
Alamedans in the future; hopefully, bus service will be successful
for the Big Band Evening on the USS Hornet in two weeks; inquired
about the status of the Committee [a Transportation Advisory
Committee Sub-Committee] which was recently formed to investigate
public transit.
Mayor Appezzato stated said Committee is proceeding; Mr. Neveln
will be well informed so that he can attend [meetings].
COUNCIL COMMUNICATIONS
(99-274) Councilmember DeWitt stated that the City Council
received a letter from Congresswoman Barbara Lee regarding Alameda
Center for Environmental Technologies (ACET) which is located at
Alameda Point; ACET received a grant from the Economic Development
Agency for $425,000.
(99-275) Councilmember DeWitt stated the Library Director sent a
memo to Council regarding the 500 babies born in Alameda Hospital
each year; the Library Director would like to inform new parents
about the importance of reading to babies; the Library Director
proposes that a package be provided to new parents at the hospital;
the package would include bookmarks, flyers, information on the
Library, and the book, "Read to Your Bunny;" that he would like to
support the Library Director's efforts.
(99-276) Consideration of Mayor's Nominations for appointments to
the Economic Development Strategic Plan Task Force; and
(99-276A) Recommendation regarding appointments to the Economic
Development Strategic Plan Task Force,
Pattianne Parker, Base Reuse Advisory Group (B.R.A.G.), requested
the Mayor to consider B.R.A.G.'s recommendation to add a
Regular Meeting
Alameda City Council
June 1, 1999
162
representative from B.R.A.G.; stated B.R.A.G. selected Nancy
Hastings as its representative.
Mayor Appezzato nominated: 1) the Economic Development Commission's
(EDC's) recommended membership; 2) the three candidates
representing Homeowners' Associations - -James Sweeney, Marilyn
Moffitt and Tom Jordan; 2) the three At -Large representatives --
Helen Sause, Al Wright and Ananda Ghosh; and 4) Nancy Hastings as
the B.R.A.G. representative; stated that his nominations bring the
membership up to twenty - eight; inquired whether the EDC Chair
opposed increasing the membership from twenty -five to twenty- eight.
Frank Matarrese, EDC Chair, responded the Task Force should be
public and thoughtful; additional members will increase the Task
Force's effectiveness, rather than decrease it.
(99 -277) Consideration of Mayor's nomination for appointment to
the Civil Service Board.
Mayor Appezzato nominated Michael J. Robles -Wong for appointment to
the Civil Service Board.
(99 -278) Consideration of Mayor's nomination for appointment to
the Housing Commission (Senior Tenant).
Mayor Appezzato nominated Carmen Britter for reappointment to the
Housing Commission.
(99 -279) Consideration of Mayor's nomination for appointment to
the Library Board.
Mayor Appezzato nominated Terri Brohard for appointment to the
Library Board.
(99 -280) Consideration of Mayor's nomination for appointment to
the Planning Board.
Mayor Appezzato nominated Marie Gilmore for reappointment to the
Planning Board.
(99 -281) Consideration of Mayor's nomination for appointment to
the Public Utilities Board.
Mayor Appezzato nominated Lance Russum for reappointment to the
Public Utilities Board.
(99 -282) Consideration of Mayor's nominations (2) for appointment
to the Social Service Human Relations Board.
Mayor Appezzato nominated Danielle Bailey and Judith Guerra for
appointment to the Social Service Human Relations Board.
Regular Meeting
Alameda City Council
June 1, 1999
(99-283) Consideration of Mayor's nomination for appointment to
the Cable TV Advisory Committee (Business and Finance Seat).
Mayor Appezzato nominated Richard Teske for appointment to the
Cable TV Advisory Committee.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 9:47 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
June 1, 1999
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JUNE 1, 1999- -7:20 P.M.
Mayor Appezzato
convened the Special Meeting at 7:50 p.m.
Roll Call - Present:
Absent:
Agenda Item
Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
None.
(99-256) Resolution No. 13108, "Authorizing the Public Works
Department to Perform Construction Work at the City Skatepark
pursuant to Section 3-15 of the Alameda City Charter." Adopted.
Katie McAvoy, HOME Project, invited the City Council to attend a
festival celebrating the Skate Park construction on June 6, 1999
from 12:00 p.m. to 6:00 p.m. at the new City View Skatepark; stated
there will be bands, booths, food and the event will be fun.
Mayor Appezzato requested staff to make a presentation on the
construction work at the Skate Park.
The Public Works Director responded Council is being asked to
consider allowing Public Works Department staff to finalize
construction of the Skateboard Park, stated there was a tremendous
community effort to construct the Park; approximately 85% of the
entire Park - and 95% of the skateboard portion was completed;
Council approval will allow the Public Works Department staff to
put on the finishing touches.
Mayor Appezzato complimented the Public Works Director, Acting City
Manager, and all City departments, e.g. Police, Fire, Public Works
and Recreation, for working on the skateboard park.
Councilmember Kerr requested the Public Works Director to review
the landscaping schedule.
The Public Works Director responded the last concrete work will be
completed tomorrow; the Recreation and Park Department hopes to
complete landscaping in the concrete planting boxes at the front of
the park first; the sloped area on north and west sides will have
topsoil with landscaping; volunteers could be used to assist with
the landscaping.
Councilmember Kerr requested the Public Works Director to provide
Special Meeting
Alameda City Council
June 1, 1999