1998-06-16 Joint HA and Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JUNE 16, 1998- -6:55 P.M.
Mayor Appezzato convened the Special Meeting at 6:55 p.m.
Roll Call
1.7
Present: Councilmembers Daysog, DeWitt, Kerr
and Mayor Appezzato - 4.
Absent: Councilmember Lucas - 1.
The Special Meeting- was adjourned to Closed Session to consider:
(98-327) Public Employee Performance Evaluation; Title: City
Manager.
(98-328) Conference with Legal Counsel- Anticipated Litigation,
Initiation of litigation pursuant to subdivision (c) of
Section 54956.9, Number of Cases: Two.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding Public Employee Performance
Evaluation, Council discussed evaluation with City Manager, no
action was taken; and regarding Conference with Legal Counsel,
direction was given to Legal Counsel.
Adjournment
There being no further business, Mayor Appezzato adjourned the
Special Meeting at 7:15 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
June 16, 1998
J N'
MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING
TUESDAY- -JUNE 16, 1998- -7:15 P.M.
Mayor/Chair Appezzato convened the Special Joint Meeting at 7:15
p.m.
Roll Call - Present: Councilmembers/Commissioners Daysog,
DeWitt, Kerr, and Mayor/Chair
Appezzato - 4.
Absent: Councilmember/Commissioner Lucas - 1.
The Special Joint Meeting was adjourned to Closed Session to
consider:
(98-329)
• #
Case: Murphy v. City of Alameda.
Following the Closed Session, the Special Joint Meeting was
reconvened Mayor/Chair Appezzato announced that directions were
given to Legal Counsel.
Name
Adjournment
There being no further business, Mayor Appezzato adjourned the
Special Joint Meeting at 7:16 p.m.
Respectfully submitted,
Dine B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint Meeting
Alameda City Council and
Housing Authority Board of Commissioners
June 16, 1998
(
MINUTES OF THE REGULAR_CITY COUNCIL MEETING
TUESDAY- -JUNE 16, 1998- -7:30 P.M.
Mayor Appezzato convened the Regular Council Meeting at 7:39 p.m.
Steven Bowman, Stephen Miller and Christopher Rowan from Cub Scout
Pack 97, Den 5 (Earhart School) led the Pledge of Allegiance.
ROLL CALL - PRESENT: Councilmembers Daysog, DeWitt, Kerr, and
Mayor Appezzato - 4.
ABSENT: Councilmember Lucas - 1.
AGENDA CHANGES
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(98-330) Former Councilmember Charlie Tillman, Alameda, commented
on the wonderful job done by the Council; stated City Hall is
beautiful.
(98-331) Presentation of Award from the Northern California
Chapter of the American Public Works Association to the City of
Alameda for the "Chuck Corica Municipal Golf Course/Lucious Bateman
Driving Range" Project.
Golf Course General Manager Dana Banke expressed his appreciation
to Public Works staff members; commented on the success of the
driving range project; and stated a copy of said award is located
at the driving range.
Mayor Appezzato announced that the report regarding award of legal
publishing contract [paragraph no. 98-333] was removed from the
Consent Calendar for discussion.
Councilmember Kerr moved adoption of the reivainder of the Consent
Calendar.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 4. Absent: Councilmember Lucas - 1. [Items
so enacted or adopted are indicated by an asterisk preceding the
paragraph number.]
Regular Meeting
Alameda City Council
June 16, 1998
(*98-332) Minutes of the Special and Regular City Council Meetings
held on June 2, 1998. Approved.
(98-333) Recommendation to award Contract for publishing of Legal
Advertisements for FY 1998-99.
Cliff Benson, Publisher, Alameda Journal, requested Council to
examine the portion of the City Charter which specifies the lowest
and best bid; stated lowest is simple math, however best bid is
tougher and requires some thought; questioned what does best bid
mean; could it possibly mean what is best for the wallets of the
Alameda Tax payer; stated there are two bids before Council: 1) the
Alameda Journal's which is $5.00 per column inch; and 2) Alameda
Times Star's bid is $4.32 per column inch; there is a $0.68
difference; the Journal has a proven, audited circulation of over
24,000, while the Times Star has 7,900; the cost per household adds
up to the Times Star bid being three times more expensive than the
Journal. Mr. Benson further questioned whether a bid of $4.00 per
column inch would be accepted from a newspaper in Alameda which was
only distributed to 1,000 households; stated that he does not
believe said Llid would be accepted because there is no value;
eliminating the majority of Alamedans from seeing public notices
and participating in that portion of City government; that he does
not believe there is any doubt which newspaper: 1) best serves the
interest of Alameda, 2) best informs Alamedans, 3) promotes
Alameda, 4) best offers local news and local information, or 5) is
best read; if there is any question regarding readership, each
member of the City Council was provided copies of an audit which
states the Journal has 95.7% readership; in reaching a decision
regarding the lowest and best bid, the word best deserves a lot of
consideration when there is a difference of $0.68; urged the City
Council to award the contract to the local newspaper and to the
newspaper which the majority of Alamedans consider their official
City newspaper.
Judith Cahoon, Alameda Times Star, stated the Times Star submitted
the lowest bid, has a paid circulation; that she is not here to
argue numbers; the Alameda Times Star is the [current official]
newspaper of the City of Alameda; the Times Star newspaper is the
lowest bid because it can keep government costs down; the Times
Star represented the City last year and was able to run late ads
immediately because it is a daily paper; asked Council to do the
right thing; best should be interpreted by what the Times Star can
do for the City, not just a couple of times a week, but on a daily
basis.
Vice Mayor DeWitt moved approval of the staff recommendation to
award contract to the Alameda Times Star.
Councilmember Daysog seconded the motion.
Regular Meeting
Alameda City Ccuncil
June 16, 1998
Under discussion, Councilmember Daysog stated although [newspaper
with] greater volume [of readership] has higher price and lower
[bid] has lower circulation, Council is required to go with the
lowest bid.
Mayor Appezzato stated two years ago, there was controversy over
information in the Charter regarding circulation; Council desired
to allow qualified newspapers, not fly by night companies, to be
eligible and went forward with Charter Amendment to even the
playing field; lowest [bid] is objective and best is subjective;
last year [contract] was awarded to the Times Star; Council owes it
to citizens to take the lowest bid; that he will support the
motion.
On the call for the question, the motion carried by unanimous voice
vote - 4. Absent: Councilmember Lucas - 1.
(*98-334) Recommendation to authorize extension of current Interest
Subsidy Operating Agreement with Bank of America (Owner-Occupied
Housing Rehabilitation). Accepted.
(*98-335) Recommendation to deny request by Steven Jin Lee to waive
Business License Late Fee Charge. Accepted.
(*98-336) Recommendation to accept work of McGuire & Hester for
Repair of Main Street Ferry Terminal Parking Lot, No. P.W. 11-97-
27. Accepted.
(*98-337) Recommendation to award contract in the amount of
$356,810.08 to Gallagher & Burk, Inc. for Repair and Resurfacing of
Certain Streets, Phase 19, No. P.W. 03-98-06. Accepted.
(*98-338) Resolution No. 13007, "Amending Conflict of Interest Code
by Amending Paragraph Two of Resolution No. 9460 Relative to
Disclosure Positions and Disclosure Categories and Rescinding
Resolution No. 12887." Adopted; and
(*98-338A) Recommendation to designate the City Attorney as the
City's reviewing body of the Conflict of Interest Codes of other
local agencies within the City's jurisdiction. Accepted.
(*98-339) Resolution No, 13008, "Approving Interim Expenditures
Prior to Adoption of City of Alameda Budget for Fiscal Year 1998-
99. Adopted.
(*98-340) Resolution No. 13009, "Authorizing Open Market Purchase
from Principal Decision Systems International, Pursuant to Section
3-15 of the Alameda City Charter, for an Automated Constant
Staffing and Data Management System for the Alameda Fire
Department." Adopted.
Regular Meeting
Alameda City Council
June 16, 1998
(*98-341) Resolution No. 13010, "Authorizing the City Manager to
Apply for Regional Measure 1 Funds for Both the East End and West
End Ferry Services for FY 1998-99 and Enter into All Agreements
Necessary to Secure These Funds." Adopted.
(*98-342) Introduction of Ordinance Approving and Authorizing the
Execution of a Sublease Agreement between Alameda Reuse and
Redevelopment Authority, as Sublessor, and the City of Alameda, as
Subtenant, for Lease of the Main Street Ferry Terminal Overflow
Parking Lot and Authorizing the City Manager to Execute All
Necessary Documents. Introduced.
(*98-343) Ratified bills in the amount of $1,733,615.77.
(98-344) Public Hearing to consider Resolution No. 13011, "Finding
and Determining that the Public Interest, Necessity and Convenience
Require the Construction of the Project, Authorizing Acquisition of
Real Property by Condemnation, and Finding that an Offer of Just
Compensation Has Been Made (2756 Main Street, Alameda, California)."
Adopted.
Mayor Appezzato opened the public portion of the Hearing.
Yvonne Lee, Pacifica, stated that she is the property owner [of 2756
Main Street); construction was postponed due to pending eminent
domain; someone was interested in renting said property for $2500
per month after construction was completed; the City's offer came
in exceptionally low which is unfair; the appraisal value offered
by the City is legally inadequate and provides no reason for the
offer; the lot is over 10,000 square feet; the building is almost
3,500 square feet; said property was purchased from a bank
foreclosure; the bank has a loan of over $240,000 on the property;
the City has only offered $100,000; the process of negotiation is
taking too long; there are costs for her legal counsel to contact
the City; that she still pays mortgage, insurance and tax, is losing
income on the property, and has no objection to the City taking over
the property, however, she wants a fair price; the lot is worth
$200,000 plus the building; urged Council to make process go
through.
Mayor Appezzato inquired whether it is correct that Ms. Lee is not
opposed to allowing the property to be acquired by the City, only
the amount of money that is going to pass between Ms. Lee and the
City is of concern; to which Ms. Lee responded that is right; stated
the price is not justified and is below present market value; a
building of the same size cannot be acquired for $100,000.
Ms. Lee further stated because the City is not offering a fair
price, that she must pay attorney fees and appraisal fees, which is
Regular Meeting
Alameda City Council
June 16, 1998
1 8 1
costing her a lot of money.
The Mayor inquired whether Council could discuss value at this
point, to which the Assistant City Attorney stated valuation is not
an issue before Council this evening, Council is only considering
adoption of the Resolution of Necessity.
Mayor Appezzato stated Ms. Lee will be treated fairly by the laws
in the State of California.
Vice Mayor DeWitt stated the City has an appraisal value which has
been obtained; and inquired whether Ms. Lee has presented her
appraisal.
Ms. Lee stated a meeting with the City Attorney has been set for
June 25th.
In response to Vice Mayor DeWitt's inquiry regarding whether price
was being approved, the Assistant City Attorney stated Council is
not [approving price]; valuation is not an issue this evening; even
with action this evening, there is nothing to say that parties might
come to settlement at some point in time; even though Council could
choose to take steps tonight [by adopting resolution] to initiate
litigation.
In response to Councilmember Daysog's inquiry regarding third party
detached judgement, the Assistant City Attorney stated the Court
will decide.
Mayor Appezzato requested an off-agenda report on the steps of
condemnation including information on valuation and how people are
treated fairly; stated Council should receive an overview of how the
process works.
Councilmember Daysog inquired whether there is anything precluding
the City from turning to a third party arbitrator; to which the
Assistant City Attorney stated there is nothing precluding the
parties from coming to some private understanding outside the court
to settle the issue of valuation; assuming Council takes action
tonight to approve the resolution of necessity, the condemnation
action will be filed including a request from the Court to take the
property in advance of the ultimate decision of valuation.
In response to Ms. Lee's inquiry regarding property tax payments,
the Assistant City Attorney stated that is a question Ms. Lee should
ask her attorney.
Ms. Lee further stated the price [offered by the City] is
unjustified: land value, plus only a couple of dollars per square
foot for the building.
Regular Meeting
Alameda City Council
June 16, 1998
I 2
There being no further speakers, Mayor Appezzato closed the public
portion of the Hearing.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Daysog stated that he and all of
Council desire fair treatment of all citizens, including the person
before the Council tonight [Ms. Lee]; if the discussion between the
Attorney's office and Ms. Lee does not lead anywhere and there is
good reason, a third person arbitrator should be pursued to help
guide Council along.
Mayor Appezzato questioned whether matter should be discussed in
closed session.
The Assistant City Attorney clarified once an action is filed, the
matter is in litigation; if the parties want to proceed in an
alternative path to what is normally done in a condemnation action,
there is time for that later; said matter would need to be discussed
in closed session.
Councilmember Kerr requested the Assistant City Attorney to provide
Council a report after the June 25th meeting [with Ms. Lee].
On the call for the question, the motion passed by unanimous voice
vote - 4. Absent: Councilmember Lucas - 1.
(98-345) Ordinance No. 2765, "Approving and Authorizing the
Execution of a Sublease Agreement Between Alameda Reuse and
Redevelopment Authority, as a Sublessor, and the City of Alameda,
as Subtenant, for the Use of Building One at Alameda Point for City
Hall West." Finally passed.
Councilmember Daysog moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Lucas - 1.
(98-346) Ordinance No. 2766, "Approving and Authorizing the
Execution of Lease Agreement Between the City of Alameda and the
Alameda Beltline for a Parcel of Land Along Atlantic Avenue at West
Campus Drive for the Installation of Americans with Disabilities Act
Required Upgrades and a Bus Bench." Finally passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Lucas - I.
Regular Meeting
Alameda City Council
June 16, 1998
(98-347) Ordinance No 2767, "Approving and Authorizing the
Execution of Lease Agreement Between the City of Alameda and the
Alameda Beltline for a Parcel of Land Along Atlantic Avenue at Poggi
Street for the Installation of Americans with Disabilities Act
Required Upgrades and a Bus Bench." Finally passed.
Councilmember Kerr moved final passage of the Ordinance.
Councilmember Daysog seconded the motion, which carried by unanimous
voice vote - 4. Absent: Councilmember Lucas - 1.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(98-348) Gerhard Degemann, Alameda, stated recently the Mayor of
Oakland, Elihu Harris, addressed the Kiwanis Club and he [Mayor
Harris] nave Mayor Appezzato commendations.
(98-349) Lynda and Libby Silvia, Fremont, stated that she [Lynda]
is Neil Patrick Sweeney's daughter; her father felt very happy
coming to Council meetings; he had hundreds of papers on Alameda;
and he wanted so much for the City of Alameda.
Mayor Appezzato stated Mr. Sweeney attended almost every Council
meeting; and that he [Mayor Appezzato] will close the meeting
tonight in his [Mr. Sweeney's] memory.
Ms. Silvia stated there was discussion of a memorial for her father
and the family would like to do anything to assist.
Libby Silvia stated there was a newspaper article which mentioned
that a Clock Tower might be named in honor of her grandfather;
inquired how the City can do so; that he was unselfish and did
everything for the City; something should be named after him for
everything he did.
Mayor Appezzato directed the City Manager to review said matter.
J l •VIVI,
(Communications from Council)
(98-350) Councilmember Kerr stated that she has had calls regarding
noise problems; in one instance, the Police promptly responded;
radios were turned down; after the Police left, radios were turned
back up; situation repeated three or four times [in one night]; the
City's only noise monitor is in the Planning Department and not
available in the wee hours; inquired whether the City could
establish a citation or legal remedy when the Police make repeated
calls and have negotiated with a person making noise; stated first
[staff should] determine what is an illegal noise; there is a 50
foot rule, but there is also a noise monitor rule; the City should
Regular Meeting
Alameda City Council
June 16, 1998
investigate said rules; residents believe when Police come out
numerous times there should be more permanent remedies.
Councilmember Kerr requested a report on said matter.
ADJOURNMENT
(98-351) The Mayor adjourned the meeting at 8:13 p.m. in memory and
honor of Neil Patrick Sweeney.
ectfully submitted,
421
D ane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
June 16, 1998