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1997-02-18 MinutesMINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL FEBRUARY 18, 1997 The meeting was convened at 6:50 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt, and President Appezzato - 5. ABSENT: None. Adjourned to Closed Session to consider: (97 -87) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organizations (s): Alameda City Employees Association International Association of Firefighters, Local 689 (97 -88) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 Number of cases: Two Announcement of Action Taken in Closed Session: President Appezzato announced that the City Council gave instructions to the City's negotiators, and no final action was taken, that the City Council unanimously authorized initiation of Superior Court litigation to validate the action of the Bureau of Electricity in entering into the telecommunication business; that the Court will determine if the Federal Telecommunication Act of 1996 preempts or overrules the City Charter; and that no action was taken on case number two. Respectfully submitted, ANE B. FELSCH, CMC City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes of the Alameda City Council Closed Session February 18, 1997 MINUTES OF THE REGULAR COUNCIL MEETING FEBRUARY 18, 1997 The meeting convened at 7 :54 p.m. with President Appezzato presiding. The Pledge of Allegiance was led by Councilmember Lucas. The Invocation was given by Reverend Buckley, First Presbyterian Church. ROLL CALL PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and President Appezzato - 5. ABSENT: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (97 -89) Report from Personnel Director regarding the Silicon Island Career Expo held on February 8, 1997, Certificates of Recognition, and a short Video Presentation. Mayor Appezzato presented the following individuals with Certificates of Recognition for their efforts: Dion Griffon, Executive Director, Harbor Bay Business Park Association; Iry Hamilton, President /Owner, Aviso, Inc.; Beth Kreider, IDX; Meriby Sweet, Chair, Silicon Island Consortium; Dick Lyon, Vice Chair, Silicon Island Consortium; and Bill Brown, President /Owner, Influence Communications. Bill Garvine, Chamber of Commerce, thanked the City Council for their support. Iry Hamilton stated that the ,melding of diverse talents and resources is what will lead the City into the next century. Meriby Sweet stated that the Alameda should be proud of its civil servants; the Expo was a great event. Mr. Hamilton thanked the Mayor for his willingness to help the business community. Mr. Lyon stated that the event was the work of many people. Neil P. Sweeney, Alameda, stated residents should be encouraged to help with Alameda's economy. Regular City Council Meeting February 18, 1997 Councilmember Kerr stated that the logo was outstanding, and inquired as to whom designed it. Meriby Sweet stated that Ms. Henderson, DTP Design, came up with the original design. Bill Garvine commented that Ms. Sweet and Mr. Brown came up with the concept for the logo. Councilmember Kerr thanked both Ms. Sweet and Mr. Brown. CONSENT CALENDAR President Appezzato announced that certain agenda items were removed from the agenda for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar (Items so enacted or adopted are indicated by an asterisk) Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (97-90) Minutes of the Regular Council Meeting held on January 21, 1997 and Special Meetings of January 28, January 31, and February 4, 1997. Approved. Vice Mayor DeWitt stated, for the record, that he was not in attendance at the January 28, 1997 Special Council Meeting, and he would abstain from voting on the approval of the Minutes for that Meeting. The Council, by consensus, approved the Minutes as submitted. (97-91) Report from Interim City Manager recommending authorization for the Mayor and two staff to travel to Washington, D. C. to negotiate terms and funding of Naval Air Station Cooperative Agreement. Neil Patrick Sweeney, Alameda, stated that the Mayor and staff should propose certain modes of transportation; e.g., light rail, for consideration and federal funding, when in Washington D.C. Councilmember Kerr moved acceptance of the report and recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Regular City Council Meeting February 18, 1997 4), (97-92) Report from Community Development Director regarding Membership and Duties of the Mastick Senior Center Property Committee. Councilmember Kerr stated that the last paragraph of the Mastick School Lease Agreement Amendment discusses the search for land of equal value and states that only the monetary value of land, not improvements, would count; and she inquired whether the City would receive credit only for the land value of any replacement property, and whether the City would need to match both the land and improvements to the Mastick Senior Center. The Interim City Manager stated that staff would report back on the matter. The City Attorney stated that staff could provide background on, and interpretation of, that portion of the Amendment. Councilmember Kerr stated the Section appears to heavily favor the School District. The Interim City Manager stated the City would assess the value of the land only. Councilmember Kerr noted that the Section could easily be interpreted to read that replacement property would be evaluated on land only The Interim City Manager stated that staff would clarify the issue. President Appezzato stated that staff should report on the intent of that Section. In response to Councilmember Daysog's inquiry regarding a time frame on the issuance of a report, the Interim City Manager stated that a report is dependent upon finding land of equal value that is suitable as a substitute school site; that the term of the Lease runs another eighteen years; that the City must respond within that time frame and also make a good faith effort annually; and that the Committee will assist in the effort. Councilmember Daysog stated that he has concern regarding the length of time that a Member can remain on the Committee; he does not see anything in the Report which indicates the length of terms. President Appezzato stated that Committee Members will look at various parcels; that if the Committee is unsuccessful, it could request Council to select a new Committee; and that he has no Regular City Council Meeting February 18, 1997 problem with limiting terms or with members leaving voluntarily. Councilmember Daysog stated that his inclination is to establish four-year terms, particularly given the length of time that the matter may take. Councilmember Lucas concurred with Councilmember Daysog. Councilmember Daysog moved that Council establish four-year terms and accept the report. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-93) Report from Public Works Director recommending award of contract, in the amount of $400,037 to Fox Construction, Inc. for the Construction of Accessibility Upgrades for Woodstock Park, Phase I, No. P.W. 12-96-14. Michael Hellmann, Alameda, stated that accessibility requirements are very complicated; he has seen construction projects that claim to be fully accessible which are not; he has seen projects that spend more money than necessary; and he would like to know how the Woodstock Park upgrades were determined. The Public Works Director responded that there were accessibility studies of several City facilities; when funding became available, an Architect was hired for the Woodstock Park project; the Architect worked with City Recreation and Engineering staff; plans were reviewed by City reviewing agencies; and the project was put out to bid. The Public Works Director further stated that he was sure one of the qualifications for the Architect was expertise in accessibility. President Appezzato stated that staff should note aforementioned comments. The Interim City Manager stated that staff would double check the matter. Vice Mayor DeWitt moved that Council accept the report and recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (*97-94) Report from Public Works Director regarding relocating the site of the Norma Arnerich Teaching Academy at the Chuck Corica Regular City Council Meeting February 18, 1997 7 E3 Golf Complex. Accepted. (*97-95) Resolution No.12854 "Ordering the Vacation of Public Utility Easements and Acceptance of New Public Utility Easements Within Lots 8, 10, 29, 43, 52, and 68 of Tract 6226 (Village V, Harbor Bay Isle)." Adopted. (*97-96) Resolution No. 12855 "Authorizing Participation in State/Federal Surplus Personal Property Program. Adopted. (*97-97) Ratified bills in the amount of $3,000,730.78. Ratified. REGULAR AGENDA ITEMS (97-98) Oral Report by Executive Director, Alameda County Transportation Authority (ACTA), on ACTA's new Expenditure Plan; and Report from Public Works Director on Expenditure Plan Reauthorization Presentation by Alameda County Transportation Authority. ACTA Executive Director Vince Harris reported that a Steering Committee to oversee the overall plan of action was established; the Steering Committee is composed of elected officials from both the Authority's Governing Board and the Alameda County Congestion Management Agency's Governing Board; the Committee includes two transit representatives, one from BART and one from AC Transit; Mayor Appezzato also serves on the Committee; there is a list of over three hundred stakeholders; the Authority has gained the approval of the Alameda County Transportation Advisory Committee to review the work of the Steering Committee and Consultant; the Steering Committee has reviewed and approved the conceptual framework guidelines for the Expenditure Plan Development Committee, and approved the selection criteria for the projects and programs that will be a part of the new Expenditure Plan; and that the Expenditure Plan Development Committee (EPDC) will be the grassroots organization that develops the new Expenditure Plan. Mr. Harris further stated that the Plan will be brought back to the City of Alameda and other jurisdictions because ACTA must gain the concurrence of a majority of the cities representing the majority of the population in Alameda County; and that the document will be taken to the Board of Supervisors for placement on the June or November, 1998 voters ballot. Councilmember Daysog stated that transportation is clearly a very important issue; the City of Alameda has benefited from Measure B; and that it is critically important for Alameda and other cities to support the Reauthorization Plan. Regular City Council Meeting February 18, 1997 6 President Appezzato noted that the three major means of mass transit that Alameda uses are bridges, buses and, hopefully, the continued use of our ferry system. Councilmember Lucas stated that public transportation may very well be the major issue in the Bay Area; that she is glad the Agency exists and is helping to solve the problems; and she inquired on the status of the Cross Airport Roadway Project. Mr. Harris responded that the Airport Roadway Project is still in environmental stages; the Agency is trying to work with the Port of Oakland to finalize the document; the Agency recognizes that the City has a number of concerns regarding the current document; the Port is actively trying to address those comments of Alameda and many others; and the current schedule for certification of the environmental document is April, 1997; and that the Authority has hired a design consultant to begin the early stages of design. Councilmember Kerr stated that she would like more information on the new ferry vessel that is listed as a candidate reauthorization project. The Interim City Manager commented that the City will put together a project description, and also cost estimates for all of the projects listed in the Public Works Director's report. Mr. Harris stated that the Authority is proceeding with the development of the new Expenditure Plan because it is mandated by statute; that the current program is a term program and stops collecting taxes in the year 2002; and that if the electorate chooses to extend the program, it will be a new program. The Public Works Director stated that the mention of a new ferry vessel came up fairly recently; Council was advised in the past that there have been discussions of Red & White and Blue & Gold merging; that Red & White and Blue & Gold intended to take one of Red & White's larger catamarans and put it on the Alameda/Oakland ferry service; that the current Bay Breeze is not adequate for most commuter runs; that the Public Utilities Commission, however, has indicated that the merge will probably not happen; hence, the City must look for something else to acquire a larger boat for the Alameda-Oakland Ferry Service, and that this Program would be a good place to look. Councilmember Kerr noted that there is a March 31, 1997 deadline for submittal of project and program descriptions, and inquired how much leeway the City has to [make] change[s] after March 31, 1997, and whether the City needs to come up with a list in a hurry. Regular City Council Meeting February 18, 1997 President Appezzato inquired as to what Councilmember Kerr had in mind. Councilmember Kerr stated that it is a very fast-approaching deadline, and her question is whether the City would be limited to live with this if another Measure B passes. The Interim City Manager stated that the Public Works Director is requesting that the Council endorse, conceptually, the list; that the Public Works Director will come back with a specific description of the project, including costs; and at that point the matter will be placed on the Agenda. President Appezzato noted that the repair and maintenance of the [estuary] bridges are also candidates for Measure B monies. Councilmember Lucas moved acceptance of the report and recommendation. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (97-99) Oral Status Report by the Executive Director of the Alameda Reuse and Redevelopment Authority (ARRA); and Oral Status Report by the Chair and Vice Chair of the Base Reuse Advisory Group (BRAG) on its activities. (Mayor Appezzato) Neil Patrick Sweeney, Alameda, stated that ARRA meetings will be cable televised in March. James Sweeney, Alameda, stated that the BRAG has done a magnificent job, and BRAG should be retained. President Appezzato stated that he agrees with Mr. Sweeney. President Appezzato further stated that there have been many successes to date that many base closures have not experienced. Kay Miller, ARRA Executive Director, gave a presentation on ARRA's charge, OEA Grant Awards, EDA Grant Funding, California Defense Adjustment Matching Grant Program, Local Area Military Base Recovery Area (LAMBRA) Designation, ARRA's Net Revenue Program, Probable Lease or Licenses, Signed Leases or Licenses, and Reuse Issues. Lee Perez, Chair, Base Reuse Advisory Group (BRAG), gave a presentation on why BRAG formed and its accomplishments. Regular City Council Meeting February 18, 1997 Helen Sause, BRAG, reported on the Community Plan and why Alameda needs the BRAG, structural changes the BRAG is proposing, and how the BRAG works. President Appezzato stated that there are a lot of things to learn; there is not a lot of money, resources or staff to do it; all of the citizens who have come together to make it work are to be complimented; that he has been closely associated with the process for four years; and that he hopes the majority of the citizens have a better appreciation of where we have been for the last three and one half years. Councilmember Lucas stated that the BRAG has done a terrific job and has her gratitude. President Appezzato reported that the Base will close on April 25, 1997; that there will then be joint operation of the Base between the Navy and the City until at least next year; when the property is conveyed, then the City can take definitive action on those parcels which it has title to; and until that time, interim uses will be the only things that can be considered. In response to Vice Mayor DeWitt, Executive Director Kay Miller stated that LAMBRA applies to the FISC Property. President Appezzato noted that the FISC will probably be the first parcel, 169 acres, developed, and that the community will have input as the three developers come forward with their Request For Proposals. Councilmember Kerr stated she hopes that in no way the City generates income for the Base Conversion out there by putting any local businesses out of business; that when it comes to citizen involvement, people are really use to coming to their local boards and commissions; that at one point, even though she was on a BRAG subcommittee for two years, it did not meet for long periods of time; that she would call Building 90 once in while and inquire whether there would be any meetings, and they would state that they did not know, that the chair would let me know if the subcommittee was going to ever meet again; and that she believes people are more comfortable in getting their information from the Boards and Commissions that meet reliably. Councilmember Kerr further stated that there are serious questions whether BRAG meetings are in compliance with the Brown Act; that she is concerned the BRAG does not get cemented in stone; that BRAG appears to have become an independent group functioning on its own and does not necessarily pay any attention to Council appointments; that the BRAG [members] do not appear to have any termination dates or term limits; and she Regular City Council Meeting February 18, 1997 8(1 is very concerned about any organization that wheels as much power as it does, being undefined, unformed and not paying much attention to Council. President Appezzato stated that he did not agree with Councilmember Kerr's comments. Councilmember Daysog stated the BRAG has put a tremendous amount of hours and energy into the process and the City would not be where it is without the volunteer efforts; at the same time, he believes it is important to discuss the role(s) of the current planning or economic, or the different commissions that exist; that does not mean the BRAG should eliminated altogether; that from a practical standpoint, it does not make sense to suddenly make that kind of decision; there is a certain transition phase that needs to be considered; it is important to begin the process of considering that phase; BRAG is a valuable asset now, the next six months, next year, and maybe eighteen months from now; and that there needs to be a determination on when the Planning Board and Economic Development Commission will take on their roles. President Appezzato stated he does not believe the BRAG has replaced the Planning Board or EDC at any time over the last three and one half years; that the Planning Board and EDC in his four years of involvement have been involved; and to state BRAG has circuited them is misleading. Councilmember Lucas noted that the BRAG is advisory to ARRA, and its members' terms should be looked at; and maybe Council should stagger the terms. President Appezzato stated that it is a possibility; the maximum would be eight years-- [two] four-year terms, if Council wanted to proceed; and that staff should come back with a recommendation on the BRAG, including term limits, and fully remembering the BRAG is advisory to the ARRA. The City Attorney noted the report would be brought to the ARRA. Vice Mayor DeWitt stated that BRAG's views should be reviewed by the City and/or City Boards prior to going to ARRA. President Appezzato stated there could be a Work Session in the near future with the Council and others that staff believes would be appropriate to discuss the issues. Councilmember Lucas stated the BRAG should be part of the Work Session. Regular City Council Meeting February 18, 1997 President Appezzato stated that the Work Session would be open to the public, and the matter brought back to the Council later for a decision on what we as a community agree on, including the BRAG, the Council, and Boards and Commissions - -the Planning Board and EDC representatives. Vice Mayor DeWitt moved acceptance of the report. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97 -100) Report from Public Works Director transmitting the West Alameda Business Committee's recommendation regarding endorsement of Preferred Alternative for Webster /Posey Tube Retrofit. Don Roberts, Alameda, stated that at a previous Council Meeting this Council approved directing the Public Works Director to notify Caltrans in writing that the Council was in favor of the strongest seismic rehabilitation of the tubes, so the tubes would not be closed in the event of a major earthquake; and that he believes Council should stay with their original decision to ask Caltrans to spend the money to have both tubes built to the strongest rehabilitation. Mr. Roberts further stated that this committee and other similar committees are not covered by the Brown Act, none of them are required to have public participation; none of them are required to notice their meetings or try to get public input; that the committee did not make any big effort to obtain input from the general public regarding what the public thinks about what level of safety should be on the tubes. President Appezzato stated that the hearing is tonight for public input. Vice Mayor DeWitt stated he agrees with the recommendation with regards to Alternative No. 3. In response to Vice Mayor DeWitt, the Public Works Director explained why the maximum retrofit was not requested for both tubes. President Appezzato stated that he has met with Assemblyman Don Perata regarding this issue; Don Perata will take the lead and carry the ball for giving whatever assistance is needed if the City runs into difficulties with Caltrans; he [Mayor] has requested the Interim City Manager to send a letter to Don Perata and State Senator Barbara Lee explaining what Council will do tonight, so that they will understand our requests. Regular City Council Meeting February 18, 1997 Councilmember Daysog reiterated his desire that if a shuttle is provided, it serve Webster Street. (Councilmember Daysog submitted a map, he designed, for consideration) Councilmember Kerr stated that she would like Council's position to be that the City wants both tubes retrofit to the maximum. Councilmember Kerr moved acceptance of the recommendation, with the change that Council ask for maximum retrofit for both Tubes. Vice Mayor DeWitt second the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA (Public Comment) (97 -101) Neil P. Sweeney, Alameda, stated that Police and Fire Men and Women of the Year should be recognized at Council Meetings. (97 -102) Don Roberts, Alameda, stated that the Navy land will go the Alameda Reuse and Redevelopment Authority, not to the City. (97 -103) Allan Derr, Alameda, stated that the Base Reuse Advisory Group should remain as it currently exists. (97 -104) Allan Derr, Alameda, stated that he objects to terms limits for Mastick Property Committee members. COUNCIL COMMUNICATIONS (Communications from Council) (97 -105) Councilmember Daysog addressed the matter of Black History Month and Dr. Martin Luther King, Jr. President Appezzato noted that the City recognized Black History Month with a Proclamation a week ago. (97 -106) Vice Mayor DeWitt stated that he was pleased with the Job Fair; he noted that a citizen wrote a letter to the Editor of the Alameda Journal stating that Bus No. 63 was not running, so he could not attend the Silicon Island Career Expo; and that he [DeWitt] hoped the Chamber of Commerce and/or Interim City Manager would look into the matter and contact the writer. (97 -107) Vice Mayor DeWitt stated he was very much in favor of keeping the Officers Club operating, and he would like the Interim City Manager to contact the Captain regarding said matter. (97 -108) President Appezzato stated that he received a letter from the Port of Oakland stating it will be giving the backstop at the Regular City Council Meeting February 18, 1997 Otis Spunkermeyer Field to the City, and that he would like to publicly thank the Port of Oakland for the donation to the Alameda High School and Little League. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the meeting at 10:38 p.m. Respectfully subiited, Di ne B. Felsch, CMC City Clerk The Agenda for this Meeting was posted in advance in accordance with the Brown Act. Regular City Council Meeting February 18, 1997