1998-01-06 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY - - JANUARY 6, 1998 - - 4:30 P.M.
Mayor Appezzato convened the Special Meeting of the City Council at
4:35 p.m.
Roll Call - PRESENT: Councilmembers Daysog, DeWitt, Kerr, and
Mayor Appezzato - 4.
ABSENT: Councilmember Lucas - 1.
The Special Meeting was adjourned to Closed Session to consider:
(98-1) Conference with Labor Negotiator, Agency Negotiator:
Personnel Director and Austris Rungis, Employee
Organization(s): United Public Employees Association #790
(Police Technicians) - SEIU; and
Conference with Legal Counsel - Anticipated Litigation,
Initiation of Litigation pursuant to subdivision (c) of
Section 54956.9, Number of Cases: One.
Following the Closed Session, the Special Meeting was reconvened
and Mayor Appezzato announced that regarding Conference with Labor
Negotiator, Council gave instructions to the City's negotiators;
and regarding Conference with Legal Counsel - Anticipated
Litigation, Council unanimously authorized initiation of litigation
against the Port of Oakland challenging the adequacy of the
Environmental Impact Report as it pertains to airport expansion.
Adjournment
There being no further business, Mayor Appezzato adjourned the
Special Meeting at 5:10 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The notice for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
January 6, 1998
41.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JANUARY 6, 1998- -7:30 P.M.
The City Council Meeting was called to order at 8:24 p.m. by Mayor
Appezzato.
The Pledge of Allegiance was led by Vice Mayor DeWitt.
The Invocation was given by Reverend Dan Weller, Alameda Community
Church.
ROLL CALL - Present:
Absent:
Councilmembers Daysog, DeWitt, Kerr and
Mayor Appezzato - 4.
Councilmember Lucas - 1.
AGENDA CHANGES
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(98-2) "Resolution No. 12944, "Declaring Alameda a Hate-Free
City." [Mayor Appezzato]
Len Grzanka, Alameda, stated the Hate-Free Resolution will
undermine free speech.
Mayor Appezzato stated that the Resolution had been approved by the
City Council at the Regular Council Meeting of December 2, 1997,
and the City Social Service Human Relations Board had requested the
Resolution be read publicly.
Mayor Appezzato read said Resolution.
Councilmember Daysog stated that it is worth projecting the values
shared by many people; it is important the City Council and the
public participate in conversations that keep the community
vibrant; a vital part of said conversations is putting forward what
Council values.
Mayor Appezzato stated Alameda is a wonderful community; it is
important that the community state its values; and that he is
pleased the City Council unanimously voted in support of the
Resolution.
CONSENT CALENDAR
Mayor Appezzato announced that certain items were withdrawn from
Regular Meeting
Alameda City Council
January 6, 1998
the Consent Calendar for discussion.
Councilmember Daysog moved the remainder of the Consent Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Lucas] [Items so enacted or
adopted are indicated by an asterisk preceding the paragraph
number.]
(*98-3) Minutes of the Special and Regular City Council Meetings
held on December 16, 1997. Approved.
(98-4) Recommendation to award contract in the amount of
$1,148,950 to Sausal Corporation for Upgrades to Building 39
(Alameda Point) (07-49-03698-39A), No. P.W. 11-97-25.
John Fee, Alameda, offered various services in conjunction with the
project.
Vice Mayor DeWitt stated Building 39 will be occupied by a tenant
who will pay back, in less than one year, the amount of money put
into upgrades.
Vice Mayor DeWitt moved acceptance of the recommendation.
Councilmember Kerr seconded the motion.
Under discussion, Mayor Appezzato stated the City received a $3
Million Grant from the Economic Development Authority to upgrade
the buildings at Alameda Point.
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Councilmember Lucas]
(98-5) Recommendation to establish date, time and place for
Public Hearing regarding cost for abatement of nuisance at 1310
Pacific Avenue and at 2052 San Antonio Avenue.
Don Roberts, Alameda, stated staff originally estimated cost for
abatement to be $20,000 to $25,000 to correct what the Council
described as a nuisance on Pacific Avenue; staff, without reporting
back to Council for approval to exceed the $25,000.00, expended
$120,000 in repairs and maintenance; taxpayers' money was spent;
the humanitarian thing to do is to file a lien on the owner's
property and wait until the house is sold.
Mayor Appezzato stated Mr. Roberts may address those issues at the
Public Hearing.
Vice Mayor DeWitt moved acceptance of the report, including the
scheduling of the Public Hearing.
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Alameda City Ccuncil
January 6, 1998
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr stated such cost-overruns
should be brought back to the Council.
On the call for the questions, the motion carried by unanimous
voice vote - 4. [Absent: Councilmember Lucas]
(98-6) Resolution No. 12948, "Consenting to and Calling a Joint
Public Hearing of the City Council and the Community Improvement
Commission of the City of Alameda on the Proposed Community
Improvement Plan for the Alameda Point Improvement Project and
Consenting to a Concurrent Public Hearing of the Commission on the
Delay of Application of California Environmental Quality Act to the
Plan on February 17, 1998." Adopted.
Bill Smith, Alameda, stated housing should be retained and used by
[former] Navy Base employees on welfare.
Vice Mayor DeWitt stated that the item before the City Council is
the same issue covered at the earlier Special CIC Meeting; the
Commission made amendments; and he moved acceptance of said
amendments and consent to hold a Public Hearing on February 17.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr stated that very careful and
long-term planning is necessary on redevelopment issues.
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Councilmember Lucas]
(*98-7) Resolution No. 12949, "Establishing 1998 and 1999 Garbage
Rates." Adopted.
(*98-8) Resolution No. 12950, "Authorizing the Public Works
Director to Execute All Necessary Agreements and Documents for
Petroleum Violation Escrow Account Funds." Adopted.
Recommendation to, by motion, authorize additional Measure B Funds
for Lease/Purchase of the Encinal Ferry. Accepted.
(*98-9) Ratified bills in the amount of $1,685,561.74.
REGULAR AGENDA ITEMS
(98-10) Public Hearing to consider a rezoning change from R-2
(Two Family Residence) Zoning District to R-2-PD (Two Family
Residence Planned Development Combining) Zoning District and to
consider approval of Parcel Map 7181 to subdivide a 6,251 square
foot vacant lot, into two (2) parcels, containing 2,957.18 square
Regular Meeting
Alameda City Council
January 6, 1998
feet and 3,293.82 square feet, respectively at 1109 Buena Vista
Avenue. Applicant: East Bay Habitat for Humanity.
Resolution No. 12951, "Approving Parcel Map 7181 at 1109 Buena
Vista Avenue for East Bay Habitat for Humanity." Adopted.
Introduction of Ordinance "Reclassifying and Rezoning Certain
Property within the City of Alameda from R-2 (Two Family Residence)
Zoning District to R-2-PD (Two Family Residence Planned Development
Combining) Zoning District by Amending Zoning Ordinance No. 1277,
N.S., for that Property Located at 1109 Buena Vista Avenue."
Introduced.
Councilmember Kerr stated that because she lives close to the
Project site, she would not being voting on the matter before
Council; Councilmember Kerr left the dais.
Mayor Appezzato opened the public portion of the Hearing.
On the call for Proponents, the following persons spoke:
Proponents:
Byron 0. Young, Alameda
Nancy Finberg, Alameda, Twin Towers United Methodist Church
Lola Brown, Alameda, Twin Towers United Methodist Church
J. Ahlberg, Alameda, Twin Towers United Methodist Church
Arlene Tennant, Alameda
Kay Cossette, Alameda
Reverend Mark S. Bolwinkel, East Bay Habitat for Humanity
Lois Pryor, Alameda
Dan Dixon, World Savings, Oakland
John Schuitema, Alameda
Roger Rushing, Construction Start, East Bay Habitat for Humanity
Kathleen Gardner, Alameda
S. Anne Cooper Vastola, Alameda
Dan Vastola, Alameda
Antoinette Nascimento, Alameda, East Bay Habitat for Humanity
Joel T. Mackey, Oakland, East Bay Habitat for Humanity
Jack Buckley, First Presbyterian Church
Jane Felher, Alameda Interfaith Outreach Council
Robert Sawyer, Alameda
David McIntyre, Alameda
John Platt, Alameda
John Fee, Alameda
Joanne Lippi, Alameda
Doug Flett, Alameda
Alma Vilogovac.
Mayor Appezzato announced that the following two individuals
telephoned City Hall and stated support for the Project:
Regular Meeting
Alameda C±.ty Council
January 6, 1998
Carolyn Queener, Alameda
Hilma Kargoll, Alameda.
Opponents:
None.
Mayor Appezzato closed the public portion of the Hearing.
Councilmember Daysog moved approval of the Planning Board
recommendation: [City Council hold a public hearing, consider all
pertinent information and then give first reading to the ordinance
to rezone the property from R-2 to R-2-PD Zoning District and
approve Parcel Map, PM-7181 with the findings and conditions
contained in the Resolution; and authorize the City Engineer to
sign the Final Parcel Map].
Vice Mayor DeWitt seconded the motion, which carried by the
following voice vote: Ayes: Councilmember Daysog, Vice Mayor
DeWitt and Mayor Appezzato - 3. Absent: Councilmember Lucas - 1.
Abstentions: Councilmember Kerr - 1.
(98-11) Ordinance No. 2749 N.S., "Amending the Alameda Municipal
Code by Amending Subsections 8-5.3 (Twenty-Five Miles Per Hour
Prima Facie Limits) and 8-5.5 (Thirty-Five Miles Per Hour Prima
Facie Limits) of Section 8-5 (Prima Facie Speed Limits) of Chapter
VIII (Traffic and Motor Vehicles), to Establish a Thirty-Five Mile
Per Hour Speed Limit on Main Street between Atlantic Avenue and
Navy Way." Finally passed.
Councilmember Daysog moved final passage of the Ordinance.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Lucas]
(98-12) Ordinance No. 2750 N.S., "Amending Ordinance No. 2096 to
Provide for an Eight Month Extension of the Existing Cable
Franchise Agreement with United Cable Television of Alameda, Inc.,
doing business as TCI Cablevision of Alameda." Finally passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4. [Absent: Councilmember Lucas]
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(98-13) Don Roberts, Alameda, stated the City is allowed to make
purchases on items under a certain amount of money without having
to use a competitive bidding process; that he had been informed
there are businesses in Alameda which are overlooked when purchases
Regular Meeting
Alameda City Council
January 6, 1998
of that type are made; at least one member of the Council should
ask City staff to prepare a report on the matter of legality and
the possibility of requiring City staff to first consider selecting
Alameda businesses.
Mayor Appezzato requested staff to address
back to Council.
(98 -14) John Fee, Alameda, offered various
redevelopment of Alameda Point.
he matter and report
suggestions for the
[Note: Mayor Appezzato left the dais at 9:25 p.m. and returned at
9:28 p.m.]
(98 -15) Bill Smith, Alameda, stated when the welfare community
re- establishes and re- structures itself from the top down, people
will be given forced labor and take away good jobs; questioned
where jobs and decent housing will be found if the homeownership
[goal] of eight million is met and large numbers of people go off
welfare; and stated existing housing stock can be rehabilitated and
brought up to Code.
COUNCIL COMMUNICATIONS (Communications from Council)
(98 -16) Council Approval for Mayor to serve on the Blue Ribbon
Water Transit Task Force. [Mayor Appezzato]
Councilmember Daysog moved approval of Mayor serving on the Blue
Ribbon Water Transit Task Force.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4. [Absent: Councilmember Lucas]
(98 -17) Mayor Appezzato requested the City Manager to address the
matter of the Informational Meeting scheduled for January 8th to
discuss the issues concerning the use of 1501 Buena Vista Avenue by
J.L. Associates, Inc.
The City Manager stated a neighborhood meeting originally had been
scheduled at Littlejohn Park on Thursday, January 8th, to discuss
concerns regarding the use of 1501 Buena Vista Avenue for storage
of certain materials, e.g. ammunition, household cleaning
materials; staff concluded it was not prepared because there was no
confirmation all three parties would be in attendance: J.L.
Associates, the Contractor, and Peter Wang, the warehouse owner; in
addition, the 49- person capacity limit could be exceeded at the
Littlejohn facility; staff believes it is necessary to postpone
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Alameda City Council
January 6, 1998
said event, gather additional information, and reschedule the
meeting at a larger facility.
Mayor Appezzato stated that he requested the item to be placed on
a City Council Agenda for a Public Hearing in the very near future;
the number of calls and inquiries demands the full attention of the
City Council; it will be similar to the health and safety issue
Councilmember Daysog brought to our attention and was addressed at
a Council Meeting; the Public Hearing and Staff Report should
include future zoning, moratoriums--a complete discussion; there is
no ammunition at the site and none in the foreseeable future; City
should get the facts out in a Public Hearing before the Council.
Councilmember Kerr stated the meeting was promised to be publicly
noticed by the City of Alameda; it was discovered from both
newspapers that the City had failed to give public notice, so the
neighborhood put out over 1,000 flyers; an enormous amount of time
was expended to publicize the meeting because the City did not do
its job; to cancel the meeting is inexcusable; as a Councilmember,
she is asking Council, in good faith, to allow the neighborhood
Association to use the facility Thursday night.
The City Manager stated that someone would be at the facility to
address the matter; staff's concern is if all the right parties are
not in attendance, it would be difficult to address all the
questions that may arise; secondly, because attendance appears to
have increased in scale, the amount of space available is limited;
it is appropriate to postpone and present [matter] to the City
Council.
Councilmember Kerr stated that as a Councilmember she would not do
that [postpone meeting] to anyone's neighborhood; and stated, for
the record, as long as the facility would be open so people can be
told what is going on, fine.
Mayor Appezzato stated some citizens had requested that the meeting
not be held on Thursday because Council should deal with the
matter; action may have to be taken; that he may not have all of
the information; that he received a flyer and read it for the first
time today; the flyer had not been distributed to him as Mayor;
there was a lot of information in the flyer that was of concern to
him as Mayor; that he thought the flyer and all of the information
had to be brought to a full Hearing before the Council; the City
does not need an emotional controversy; a discussion is needed
where every single issue is addressed.
Councilmember Kerr stated it was inexcusable to do that to any part
of the public on any issues--to cancel [a meeting] two days in
advance; there could always be a Council Meeting after the
[Thursday] meeting.
Regular Meeting
Alameda City Council
January 6, 1998
Mayor Appezzato stated Councilmember Kerr could deal with the issue
on Thursday, however, he wants a full Hearing at a Council Meeting
on the matter.
Councilmember Kerr stated it was very interesting that the City
made time to listen to J.L. Associates and the Army, and so far has
not heard from the neighborhoods.
The City Manager stated staff had been diligent in terms of looking
at the whole issue; staff proceeded in a systematic way trying to
gather information on activities which would occur at the site,
before taking any action; that he informed Councilmember Kerr
staff intended to schedule a meeting to solicit comments and
feedback from members of the community; it was staff's intent, as
part of the information gathering process, to speak with, listen to
and address concerns and questions of citizens; postponing the
[Thursday evening] meeting is a way to provide a venue with the
right parties and the right information.
Councilmember Kerr stated the handling of the matter had been a
disaster from start to finish, and that she hoped it would not
happen again.
Vice Mayor DeWitt stated Council Communications does not provide
the opportunity to discuss items at length.
The City Attorney concurred.
(98-18) Mayor Appezzato announced the City received a Housing and
Urban Development allotment of $1,329,000.
(98-19) Mayor Appezzato stated Council received an off agenda
report from the Chief of Police on the matter of Juvenile Curfews;
that the Chief should bring the matter back to Council if the City
of Oakland enacts a curfew; the report should include impacts.
(98-20) Mayor Appezzato announced that the Expenditure Plan
Development Committee met and approved the Measure B allocation of
resources--if Measure B is approved; stated said matter will be
presented to the City in February; funds over $15 Million were
received for local road projects and maintenance; issue will be
presented to Council for approval; every city in the County must
vote on it.
(98-21) Councilmember Daysog stated, in regard to comments by
Bill Smith [noted under Consent Calendar and Oral Communications],
that nothing precludes the continuation of the Homeless
Collaborative sites at East Housing; the non-Homeless Collaborative
sites and the rest of East Housing should be transitioned into
single-family homes.
Regular Meeting
Alameda City Council
January 6, 1998
(98-22) Councilmember Kerr stated the Staff Report on the Habitat
for Humanity Project stated the majority of the speakers in favor
of the Project were from the neighborhood; that she reviewed the
addresses filed by speakers at the Planning Board [meeting(s)] and
only one (1) person was from the neighborhood; Council should be
provided accurate information and should not be misled.
(98-23) Councilmember Kerr stated that she observed utility work
being done at the Habitat for Humanity Project site [1109 Buena
Vista Avenue]; work should not start on projects until Council
approval is received.
44,:40,Atd4L:H:
There being no further business, Mayor Appezzato adjourned the
Regular City Council Meeting at 9:50 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
January 6, 1998