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1997-03-04 MinutesMINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL MARCH 4, 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. Adjournment to Closed Session to consider: (97-109) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director and Austris Rungis Employee Organizations (s): Alameda City Employees Association International Association of Firefighters, Local 689 - IAFF Announcement of Action Taken in Closed Session: President Appezzato announced that the City Council gave instructions to the City's negotiators. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the meeting at 7:20 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. REGULAR MEETING OF THE ALAMEDA CITY COUNCIL MARCH 4, 1997 The meeting convened at 7:39 p.m. with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilmember Kerr. Reverend Clark Flesher, First Baptist Church, gave the invocation. ROLL CALL - PRESENT: ABSENT: CONSENT CALENDAR Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and President Appezzato - 5. None. President Appezzato announced that certain agenda items were withdrawn from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. [Note: Items so enacted or adopted are indicated by an asterisk]. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (97-110) Minutes of the Special City Council Meeting held on February 18, 1997 and the Regular City Council Meetings of February 4, 1997 and February 18, 1997. Approved. President Appezzato stated that the Minutes would be considered in conjunction with Council Communications [see Paragraph No. 97-129]. Following said discussion, Councilmember Lucas moved approval of the Minutes. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (*97-111) Report from General Manager, Chuck Corica Golf Complex, recommending authorization for the Interim City Manager to negotiate and execute a three-year contract in the estimated amount of $111,726. per year to Yamaha Inc. for the lease of fifty electric golf carts. Accepted. (*97-112) Report from Public Works Director recommending authorization to release Sarott Construction Company from their bid obligation and award Contract in the amount of $98,238.75 (base bid plus 15 percent contingency) to McGuire and Hester for Pearl Street Storm Drain, Edison Court to Eagle Avenue, No. P.W. 11-96-13. Accepted. Regular Meetina Alameda City Council March 4, 1997 8 (97-113) Report from Public Works Director recommending authorization for the Interim City Manager to negotiate and execute an Amendment to the Architectural Services Agreement between Muller Caulfield, Inc. and City of Alameda for remodeling of western portion of the Central Building of Historic Alameda High School, 2200 Central Avenue, for use as a Temporary Library. Mr. Angus MacDonald, Alameda, stated that he believes moving the [Main] Library to central [Alameda] High School, and spending a great deal of money on modifications for a temporary move, is not a good idea; the Alameda Journal reported $1 Million would be spent on the project; if it is true, the City should purchase the Central Market property for $675,000 and put the books there while the Carnegie building is rebuilt [renovated]; and at the end of that time, the Central Market property would be the City's and could be used to provide a central City Computer Center. Councilmember Daysog moved approval of the report and recommendation. Councilmember Lucas seconded the motion. Under discussion, the Interim City Manager stated that the City went through an examination of at least four or five other sites to determine which would be the appropriate location; the Central Market property was not one of the sites given consideration at that time; and the Historic Alameda High School was found to be the most acceptable location. On the call for the question, the motion carried by unanimous voice vote - 5. (*97-114) Report from Public Works Director recommending authorization for the Interim City Manager to negotiate and execute a contract for purchase of playground equipment for Krusi Park. Accepted. (97-115) Report from Public Works Director recommending approval of Candidate (Measure B) One-Half Cent (1/2) Sales Tax Reauthorization Projects. The Public Works Director gave an overview of the various projects; he stated that the original Measure B expires in 2002; the proposal would be a new Measure B to generate funds to pay for large projects and provide annual funds for City streets; the City currently receives $960,000 which is a very important part of the City Street Project; the major projects recommended are: 1) ferry improvements, including a new ferry vessel, terminal upgrades, expanded parking, and a fueling facility; and, 2) Access Enhancements from 1-880 to Alameda, including Naval Air Station access, High Street, Fruitvale Avenue and Park Street ramps; that Regular Meeting Alameda City Council March 4, 1997 87 a new ferry vessel is anticipated to cost approximately $10 Million and carry 350 passengers; the County will be including a project for the maintenance, operation and automation of the three bridges, and has requested the City's support; and that there is a proposal for a set aside for ferry service in general, and that the Harbor Bay Ferry should be eligible. Mayor Appezzato stated that the lowest priority on the list is the building of a new bridge to Alameda NAS and Port of Oakland; in the near future, there will be discussion with the Bay Conservation and Development Commission on the feasibility of a port on the 220 acres across from the NAS; and a report indicates that a bridge is infeasible to support five container terminals. Earl Peacock, Chair, Grass Roots Committee for Fair Taxation, stated that bridges which cross navigable waterways are the responsibility of the federal government; and if the City wants another bridge, it should to go the Corps of Engineers and Congressman Dellums. Councilmember Daysog inquired whether there would be more public input on the matter. The Public Works Director stated that the deadline for submission is March 31, 1997; there had been four forums in the County; and that the projects would be reviewed at public hearings. Councilmember Kerr stated that she hoped the overnight storage facility at the FISC property for the ferry is not engraved in stone; the advantage of a second ferry at the West End would be an increase in the frequency of service; Council should get input from East End residents on access to the East End, such as frontage roads between Fruitvale Avenue and High Street; and she inquired about the Expenditure Plan Committee which reports to the Steering Committee The Public Works Director stated that forty people were selected to serve on the Expenditure Plan Committee; an Agenda would be provided whenever the Committee meets; and City officials were welcome to attend. Councilmember Kerr stated she was very concerned that the entire City was not represented by a regular member on the, Committee; it shows a lack of support from Alameda's County representative and County staff; and it is inexcusable that the City is not accorded a regular membership on the Committee. Councilmember Lucas stated that Council should be provided with the criteria for serving on the Expenditure Plan Committee. Mayor Appezzato reported that he is the Vice Chair of the Steering Regular Meeting Alameda City Council March 4, 1997 83 Committee. Councilmember Lucas stated that among the forty people on the working committee, there should be a representative from the City of Alameda, and she would appreciate the Mayor raising the subject. Councilmember Kerr stated that Board of Supervisor Wilma Chan's Office should be contacted on the matter. Mayor Appezzato stated that everything will come to the City Council for approval and a vote to support or not support the reauthorization of Measure B; he is Vice Chair of the Measure B Committee; the Mayor of Union City is the overall Chair; the first briefing was by the Alameda County Transit Authority's Executive Director; and there will be more information provided to the Community before November, 1998. Councilmember Lucas moved approval of the recommendation, with the caveat that Alameda petition for representation on the working committee. Councilmember Daysog seconded the motion. Under discussion, Councilmember Daysog commented that there are many residents interested in the paratransit program, including himself. On the call for the question the motion carried by unanimous voice vote - 5 (97-116) Report from Public Works Director requesting authorization to execute an agreement with a consultant for review of potential funding sources for East End Ferry subsidy. President Appezzato stated that he had this item pulled from the Consent Calendar for discussion; City Council has received many comments; many letters have been received in support of the Harbor Bay Ferry; he and many members of the Council have indicated support for the Harbor Bay Ferry, but with a great deal of concern; it is obvious, the City does not have money in the General Fund-- and he has publicly stated--to fund a ferry at Harbor Bay, but Council would do everything possible to secure funding from set asides, bridge tolls, etc. The Interim City Manager stated that the City agreed to provide a $10,000 per month subsidy to Harbor Bay Maritime for continuation of the ferry service on the East End through September, 1997; at that time, there is no guaranteed source of funding to continue the service; as an attempt to secure a knowledgeable, respected individual who has experience in this business, the City contacted some potential consultants and have arrived at an individual who Renular Meeting Alameda City Council March 4, 1997 has vast experience in the business and has been extraordinarily successful in securing funding - -most recently, for $3.5 billion in the Contra Costa County area; he is the former Mayor and Councilmember of the City of Novato, and President of the Board of Supervisors of Marin County; he has a consulting business, he served on the Golden Gate Bridge District Advisory Board; function will be to determine where potential funding is and attempt to secure it on our behalf; and he will be bringing back a report in 30 days if this contract is executed. Vice Mayor DeWitt moved acceptance of the report, and the hiring of the consultant. Councilmember Lucas seconded the motion. Under discussion, Mayor Appezzato requested staff to advise Harbor Bay Maritime and the Homeowners Association that the City is proceeding with the consultant. On the call for the question, the motion carried by unanimous voice vote - 5. ( *97 -117) Report from Finance Director recommending authorization for the Interim City Manager to select the vendor for the cabling project contract, negotiate terms of the contract and execute the contract on behalf of the City. Accepted. ( *97 -118) Report From Finance Director on Quarterly Sales Tax for period ending December 31, 1996 for sales transactions in the third calendar quarter (July - September, 1996). Accepted. (97 -119) Report from Community Development Director recommending authorization to execute a Contractor Amendment with Alameda County Lead Poisoning Prevention Program for Lead -Based Paint Hazard Control Grant Funds. Earl Peacock, Alameda, stated that the Program should be discontinued. Councilmember Kerr stated that she is the Alternate Delegate to the Authority; that the City contributes approximately $240,000 annually; there is a $10 dwelling unit tax on each unit built before 1978; she wonders whether the City is getting anything back approaching its contribution; and she will further investigate the matter. Councilmember Daysog stated that lead abatement is important; lead paint is especially dangerous to children; City should be aggressive in making sure it gets back what it contributes; the program should be continued; and efforts should be targeted toward program education. Regular Meeting Alameda City Council March 9, 1997 Vice Mayor DeWitt stated that the matter before Council deals with the City receiving $62,000 from the Lead Prevention Program. Vice Mayor DeWitt moved approval of the recommendation to authorize the execution of a contract for $62,000 to work on six units of rehab. Councilmember Lucas seconded the motion. Under discussion, Councilmember Lucas stated that she agreed with Mr. Peacock that the program is totally unnecessary. On the call for the question, the motion carried by unanimous voice vote - 5. (*97-120) Resolution No. 12856, "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting Assessment District 84-2." Adopted. (*97-121) Bills. Ratified in the amount of $1,267,096.03 • j (97-122) Oral presentation by Officials from the Metropolitan Oakland International Airport, the San Francisco International Airport and the Federal Aviation Administration on flight paths within the Bay Area. (Mayor Appezzato) Mayor Appezzato stated that he thought it would be prudent to begin discussion on the concerns regarding the expansion at the Oakland Airport; guests [speakers] were invited to discuss the flight patterns and some of the concerns of Alameda; if parties cannot agree and a lawsuit is necessary, a judge will decide; after discussion, he will ask the Council to vote to allow him to call an aviation summit in the near future--not to make decisions, but to begin a dialogue to dispel some of the insensitivity; at the summit, he would like--the City of Alameda; City of San Leandro; CLASS, group of citizens at Harbor Bay; Harbor Bay Isle Association; the Port of Oakland; and maybe one or two others--to bring people together at least to get to know one another; there will be no decisions made; it is an attempt to understand that we are living together, have all of us represented, and begin a dialogue; any decision to be made will be brought back to the Council; and he invites at least one other member of the Council to be present in those discussions, and Councilmembers can take turns. Steve Grossman, Director of Aviation, Oakland Airport, stated that 1995 numbers indicate Oakland Airport was the eighth busiest airport in the world; the Bay Area, with regard to air traffic in general, was the fourth busiest in the world; from a flight pattern perspective, Oakland Airport's main interest is noise abatement; Regular Meeting Alameda City Council March 4, 1997 they look at aircraft operations into and out of Oakland International from the perspective of how do they become as good a neighbor as possible, and as practical, with the communities surrounding them; toward that end, over the last fifteen years they have had staff devoted to the process of looking at different flight procedures and identify those that would reduce noise impacts on the surrounding communities; they then recommend those procedures to the FAA Air Traffic Control Section; the FAA looks at proposed procedures, decides if they are safe and practical, and if found to be so, the FAA implements them; secondary interest, is the efficient movement of airplanes into and out of the airport, so as to reduce delays and provide the best service for all the people using the airport - -both passengers, the airlines, the cargo tenants, etc. Mr. Grossman further stated that today the airfield is operated much the same way as it has been since the 1976 Settlement Agreement; they have not deviated from what was in that Agreement; in fact, they have made several major enhancements from the noise abatement standpoint to the way they operate the airport, and how they use their runways; keeping in mind,_ any use of runways ultimately is up to the discretion of the pilot; pilots have the final responsibility for the safety of the airplane; and he is very proud to say that the overwhelming majority of the pilots at Oakland International comply with their noise abatement procedures. Mr. Hartman, Assistant Manager for Programs, Federal Aviation Administration Radar Approach Control Facility in the Bay Area, stated that he works at Bay Approach Control, known as Bay TRACON -- Terminal Radar Approach Control; they control an area of approximately a fifty -five mile radius from Oakland Airport up to about 15,000 feet; they average approximately a million operations per year; traffic is increasing every year; traffic at Oakland is increasing significantly, they have several tools to keep airplanes apart: speed control, altitude and radar vectors;; he believes there are two questions to be answered: airspace and the classification of airspace of Alameda; because Alameda had an airport and a control tower, it had Class D airspace; it also had Class E airspace; with the closure of Alameda, there was no further necessity for Class E or Class D airspace, so the airspace was reverted to Class D; procedurally nothing has changed in their Facility, including instrument flight paths, instrument departures, instrument arrivals, and patterns for the runways, what has changed over the last ten years or more is the number of airplanes; with the increase in traffic, they have radar vectors on departures; on departures, you cannot use speed or altitude; and during the month of December configuration changes depending upon the weather. President Appezzato stated that, the biggest concern the community will have when the EIS /EIR is addressed will be noise and safety: noise of increased aircraft, and safety because of flight paths; Alameda submitted over ninety pages of comments in response to the EIS /EIR; he hopes that mitigation to satisfy those concerns- -the Regular Meeting Alameda City Council March 4, 1997 noise and safety issues with the expansion--will be looked at; and he hopes those issues will be fully addressed so that there will be resolution. Morten Wellhaven, Alameda, inquired whether Oakland Airport is the only international airport in the Bay Area which has a legal, unrestricted twenty-four hour operation; and he stated that Federal Express does not follow the good neighbor policy. Mr. Grossman responded that Oakland Airport is the only air carrier Airport in the Bay Area that does not restrict the type of airplanes--in someway, shape or form--that can use the Airport; they restrict air carrier operations--takeoffs--to the main runway: Runway 11/29; they have certain other noise abatement procedures that are followed during the late evening hours; and they do allow any aircraft that is certificated to fly in the United States to use the Airport twenty-four hours a day. Mr. Wellhaven stated that cargo flights are night flights, and the Airport plans to double cargo flights in the future. Robert Nannizzi, Alameda, stated that he is concerned about the safety of the Airport, as well as the need for future expansion; recently he moved to Bay Farm Island; he noticed on two occasions aircraft flew over his house at approximately 300 feet; and he wonders why aircraft are flying in that direction when it is away from the runway and creating noise that is deafening; and he thought there was an agreement between the City and Oakland Airport to restrict operations between 12:00 a.m. and 6:00 a.m. Mr. Grossman stated that with regard to an agreement between the City and the Port relative to operations, the 1976 Settlement Agreement did not restrict the hours of operation of the airport, particularly of the main runway; they have, since that Agreement, on their own, implemented what they call the Quiet Hours Program, which does put into effect a preferential runway system at North Field; Program tries to direct traffic away from the City of Alameda; it has been very effective over the last several years-- nine years; and that the Program has come under some controversy lately from the residents of San Leandro; and there are no other restrictions on the time of use of the Airport. Mr. Hartman stated that the normal procedure off Runway 29 is runway heading--basically straight out, if traffic is an issue, they will turn the airplanes; it is a safety matter; as far as the climb rates, it is up to the pilot; and there are restrictions on climb rates on the published standard instrument departure. Mr. Nannizzi stated that the second incident was February 18th at 7:50 p.m.; that incident was an aircraft taking off; the first incident occurred sometime in January with a landing aircraft; the Regular Meeting Alameda City Council March 4, 1997 sound was deafening and low. Mr. Grossman stated that if they can get the day and approximate time, they can find out where the aircraft was and how high at any particular point; they do that routinely with noise complaints; if something looks out of the ordinary, they check with the air traffic controls; if there is no good reason, they discuss the matter with a particular pilot; if an aircraft is landing during the east plan, which is usually in bad weather, they come in for landing parallel to Bay Farm Island and the Main Island, and altitudes are lower; you normally experience when they take off; on landings and takeoffs, those altitudes are going to vary substantially, depending upon the pilot and airplane. In response to the Interim City Manager, Mr. Grossman stated that there is a published hot line: 577-4194. Mr. Hartman stated that in 15 days their tapes are erased; they need to know the information within 15 days. Red Wetherill, Alameda, Vice President, CLASS, stated that the Quiet Hours Program was initiated seven years ago, after one and one half years of negotiation between citizens' groups and the Airport; originally it was intended to be enforced from 10:00 p.m. to 6:00 a.m.; the Program helps and should be continued. Mayor Appezzato stated that both Alameda and San Leandro have tremendous concerns about noise and safety; there will be a lot of negotiation to bring the matter to satisfactory conclusion. In response to Councilmember Lucas, Mr. Grossman stated that engine technology continues to improve; the federal government has mandated that by the year 2000 all of the noisier aircarrier--jet aircraft--be taken out of the fleet; today at Oakland, there is about 83% or 84% stage-three aircraft; and technology now has reached the point that just the act of the plane passing through the air makes as much noise as the engine does; the big technological problem facing the aircraft manufacturers is how to design an airplane that not only has a quiet engine, but the airframe itself does not make as much noise; and there are no current FAA regulations that would require smaller propeller airplanes, e.g. Federal Express airplanes, to be taken out of the fleet in the foreseeable future. In response to Councilmember Daysog, Mr. Hartman stated that air- space is given to in-route control centers; they, in turn, sublet the airspace to approach controllers, like his facility; they, in turn, sublet the airspace to control towers; most control towers have airspace from the surface up to 2,500 feet, within the five mile radius of the airport; if there is an operating control tower, the control tower has jurisdiction over that airspace, within • Regular Meeting Alameda City Council March 4, 1997 Class D; it does not mean that they cannot call them and say they have an aircraft that needs to go through their airspace; with the elimination of the restriction of Alameda--no more Class D--there are some general aviation airplanes that can now fly through the area without talking to them; they cannot go very high; the fact that the control tower in Alameda closed, does not change anything that his facility does; and the facility never allowed aircarrier airplanes into that airspace before, or since, the reclass of that airspace; and he has all the confidence in the world in the radar systems used. In response to Councilmember Kerr, Mr. Hartman stated that the instrument landing system for Runway 19 at San Francisco does go over Alameda; the aircraft that go into Oakland and Alameda go over one another, and there is a critical crossing restriction that his facility reminds the pilot; it is a mandatory crossing restriction for the Oakland arrival to go underneath the San Francisco arrival; the San Francisco arrival altitude at SHAKE, named after South Shore some years ago, is the final approach fix for San Francisco; that altitude or that crossing altitude for the San Francisco arrivals has not changed in at least seven years; they cannot be lower than that altitude; they have to ensure that, because underneath them a thousand feet is an airplane going into Oakland; there has been a complete fleet change over the last ten years with the larger airplanes; the San Francisco fleet has changed from smaller type commercial airplanes to bigger type of commercial airplanes, which gives the appearance of being lower; and the altitude has not changed. Councilmember Daysog stated that he hopes something can be done for the City of Alameda. Mayor Appezzato stated that he lives at Harbor Bay, and he can watch and hear the airplanes like all the other residents out there. In response to Vice Mayor DeWitt, Mr. Grossman stated that the large jets that Federal Express use are stage three; there still are a few of the older 727s in the fleet; Fed Express has indicated that within the next year those will be gone; Fed Ex has been moving to larger aircraft, which are much quieter; and UPS now flies an all stage-three fleet at Oakland; and Fed Ex should be there in the next year. Mr. Hartman invited the Mayor and Councilmembers to visit his facility located at the Airport and watch the controllers; everyone is invited. Vice Mayor DeWitt moved that the Council authorize the Mayor to form a conference committee that includes the City of San Leandro, interested citizens organizations, Port of Oakland, FAA, City Regular Meeting Alameda City Council March 4, 1997 Manager and City Attorney, and to proceed on the various issues facing Alameda which are perceived as definite problems with regard to air traffic effecting the City. Councilmember Lucas seconded the motion. Under discussion, Mayor Appezzato stated that it would be nice to resolve this matter without litigation. On the call for the question, the motion carried by unanimous voice vote - 5. (97-123) Oral Report on the trip to Washington, D.C. to discuss Cooperative Agreement between the Navy and the City for Police and Fire Services at the Naval Air Station, Alameda. Neil Patrick Sweeney, Alameda, stated that he hoped the Mayor would discuss the construction of a second UCSF campus within the Navy Base; the Base is an ideal space for a UCSF campus. Mayor Appezzato stated that UCSF was welcome to apply for a facility at the Naval Base; it is not a matter to be discussed in Washington, D.C. The Interim City Manager stated that the purpose of the trip to Washington, D.C. was to try and resolve an impasse regarding the intentions of the Navy to fund the City's caretaker service responsibilities at NAS Alameda; throughout seven months of the planning stage, the City and Navy had provided and agreed upon specific dollar amounts and time frames for caretaker services; when the City received the January 30, 1997 Final Agreement from the Navy and reviewed it, the dollar amounts expected were not there; as a result, the Mayor and he met with Navy officials on February 13th, but no resolution of the issues came as a result of that meeting; they then went to Washington, D.C. and met with officials at the Pentagon; what was accomplished was important in several respects: first, they demonstrated Alameda's resolve to go forward and talk to the Navy about something that they believe was fair for the City; they met face to face with the Navy and made their appeal; the Mayor set the tone of the meeting by talking about trust and fairness and good faith issues; they followed with an hour of discussions which led nowhere; after that, because of another appointment, they broke into two groups, and followed the Navy to Alexandria, Virginia to meet in their building to attempt to break the impasse; that he is pleased to say that after the meeting, they went away with what they believe is a situation that the City can live with; the Council has a letter from Harry Zimmerman, Director Base Closure Office, Department of the Navy, Naval Facilities Engineering Command; in that letter, Zimmerman indicates that the Navy's budget submission for caretaker services for the City of Alameda, is $8.7 million for the fiscal year 1998 Regular Meeting Alameda City Council March 4, 1997 and $4.7 million for the fiscal year 1999; that the Cooperative Agreement staff intends to bring back to Council on March 18th, will include the first year start-up and transition money of another approximately $4.5 million; and again, this matter will be brought back to Council with the Agreements for Police, Fire and, for the first time, a Public Works Cooperative Agreement as well. Mayor Appezzato stated that the commitment through September 30, 1997 is $4.5 Million to provide the services necessary to keep the Base operating with City Police and Fire services, and the intent is to provide $8.7 Million from October 1, 1997 though September, 1998; and then beyond that, further negotiations for additional revenue; that the staff work between the Interim City Manager and Attorney Alice Vilardi allowed them to come to this resolution and recommend to the Council to begin the effort to obtain jurisdiction over the Naval Air Station; and that without jurisdiction, it becomes difficult for the City to assume Police and Fire control. Councilmember Lucas stated that she is encouraged that the Navy has a sense of responsibility for the community. Councilmember Lucas moved acceptance of the report Councilmember Daysog seconded the motion. Under discussion, Vice Mayor DeWitt stated that he is concerned about what will happen after three years; it appears that it takes about $5 Million or $6 Million to run the Base; so far, City's revenues are not approaching that at all. Councilmember Daysog stated that the Cooperative Agreement buys time; during those three years, City can do a lot to make sure that it generates enough revenues. On the call for the question, the motion carried by unanimous voice vote - 5. * * * President Appezzato adjourned to the Special Meeting of the City Council for approval to initiate retrocession of jurisdiction. * * * President Appezzato called a recess at 9:44 p.m. and reconvened the Regular City Council Meeting at 10:00 p.m. * * * (97-125) Report from President, Public Utilities Board, regarding Telecommunications Project at the Bureau of Electricity. Regular Meeting Alameda City Council March 4, 1997 Don Roberts, Alameda, stated that records of the Bureau of Electricity indicate that the Bureau paid $95,991 to the Stanford Research Institute Corporation for a study of new businesses for the Bureau to engage in, including going into the cable television business; that amount was included in the total of $395,314 the Bureau has spent on installing fiber optic cable in the Marina [Village] Business Park and the Harbor Bay Business Park; all of those expenditures were made in spite of the provision of the City Charter that if the Bureau wants to go into a business other than the distribution of electricity, it must hold a City-wide election and must obtain two-thirds vote of the people; the Bureau took those actions based on a one year old legal opinion by the City Attorney's Office which stated the Federal Telecommunications law pre-empted the City Charter; however, also included in the legal opinion was the recommendation that the Bureau should have a judge rule on whether the legal opinion was correct or not; the Bureau chose to disregard that recommendation and has now spent almost $400,000 to go into new businesses; rather than allowing Alameda voters to determine whether they want the Bureau to go into new businesses, the Public Utilities Board (PUB) and the City Council opted for a Prop. 209 approach, that is they are going to ask a judge to overrule the Alameda voters who passed the City Charter in a democratic election; those decisions were made in meetings in which the public was not allowed to attend, even though the PUB and the Council could have allowed the public to attend those meetings; that is not his idea of openness in government; if the judge rules that the City Attorney's legal opinion is incorrect, and upholds Alameda's voter approved City Charter, the question is: who will repay Alameda ratepayers for the Bureau's expenditure of almost $400,000 which the Charter states they are not authorized to spend without permission from 2/3rds of Alameda voters? Mayor Appezzato stated that there was a workshop recently; four members of the Council attended; no discussion of the Councilmembers occurred, and no questions were asked; Councilmembers were observers; Council asked to have this informational report placed on the agenda, so that the results of the discussion would be made public. Councilmember Kerr stated that she attended the Board Meeting; PUB discussed preparing a Business Plan; the sense she got from that meeting was the Business Plan would be sent to Council before the Board went ahead, however, it is not in the report before Council. The Interim City Manager stated that the PUB authorized the Business Plan to proceed; it was his understanding that the proposition was to be brought back to the Council, so Council understood at a public session that there is an opportunity the Bureau is pursing to look at options for entering into the telecommunications services business; what is being discussed now, is the prospect of a backbone fiber system to connect Alameda Regular Meeting Alameda City Council March 4, 1997 OS Marina Village with the Harbor Bay Business Park; and that is what is being considered at the present time. Councilmember Kerr stated that the report states ". . .when approved, staff will be authorized to move forward with Cable Television construction and operation. . ."; and that the question is: when approved by whom? At the request of the Interim City Manager, Julle-Ann Boyer, Bureau of Electricity, staff to the Public Utilities Board, stated that at the time the report was constructed, it was believed that it would be appropriate for the PUB to have the first review and approval of the document; the Board may choose to forward it to the Council for further review and approval; and the Board has not given staff specific direction in that regard as yet. Mayor Appezzato stated that it was his understanding the Business Plan would be coming to the Council. Councilmember Kerr stated that was her understanding also. Ms. Boyer stated that she would report Council's wishes to the Board. The Interim City Manager stated that, as the voting member representing the City, he would carry the information forward too. Councilmember Lucas moved approval of the report. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (97-126) Introduction of Ordinance Approving and Authorizing the Execution of Lease Agreement between the Alameda Unified School District, as Lessor, and the City of Alameda, as Lessee, for the temporary Main Library at Historic Alameda High School Midwest Wing, 2200 Central Avenue. Introduced. Don Roberts, Alameda, commended the Public Works Director and his staff for achieving a grant for the Library; he stated that staff is moving toward achieving a 50% grant of the $2 Million required for the rehabilitation of the Carnegie as the main library; it appears the City will be getting $1 Million, and staff deserves a debt of thanks for that; however, financing for the temporary library and the Carnegie building apparently will be through Certificates of Participation (COP); he understands that the Certificates will be paid for out of General Funds; the amount for building a temporary library approaches a substantial amount compared to what will be spent on the rehab of the Carnegie Library; the Certificates do not require voter approval; his main concern is how the City will pay off the Certificates, how money Regular Meeting Alameda City Council March 4, 1997 will be taken out of the General Fund to pay for the Certificates, and whether there will be enough money in the General Fund to pay for Certificate Redemption for both the construction of the temporary library, as well as for the rehabilitation of the Carnegie Library; he believes those items should be part of the report for the Council before approval of the lease agreement; and that thirty-year COPs will probably double the total cost for those projects, and be close to $6 Million, instead of under $3 Million. Gerhard Degemann, President, Historical Alameda High School Foundation, Inc., stated that the Foundation still holds a Master Lease with the East Wing and the rest of the Building; that the Foundation is 100% in support of the move; and he read a letter written to the School District that the Foundation has no objection to the lease agreement for the purpose of providing temporary library facilities. In response to Mayor Appezzato, the Interim City Manager stated that the issue of the repayment of the debt service was included in the documents that Council received in October, 1996; and funds will be available to pay off the Certificates. Councilmember Lucas stated that cooperation with the School District has benefitted City Hall services, and City needs to provide library services; and moved introduction of the Ordinance. Councilmember Kerr seconded the motion. Under discussion and in response to Councilmember Kerr regarding Section 3-D of the Lease Agreement, the Interim City Manager stated that the lease language before Council is what should be approved this evening. On the call for the question, the motion carried by unanimous voice vote - 5. (97-127) Written Communication from President, Alameda Association of Realtors, and Chair, Homeownership Task Force, regarding homeownership goal; and Report from Community Development Director regarding the Alameda Association of Realtors' Homeownership Task Force Written Communication. Chair Kathy Hirsch, Homeownership Task Force for Alameda Association of Realtors, stated that the goal for homeownership is 60%; three major areas are: Fi ance, including City exploring doing silent seconds and shared equity mortgages of up to about $35,000; there are similar programs in Oakland; Condominium Conversion, the City's Conversion Ordinance needs to be looked at seriously; the Ordinance is prohibitive and has too many restrictions; the Task Regular Meeting Alameda City Council March 4, 1997 100 Force proposes to find an owner of a building, and help him or her through the process of conversion, and the Task Force could modernize the system and make it workable; and Navy Base - East Housing, FISC Property - Task Force does not have enough information right now; when it knows what the time lines are, then it would like to get more involved in using the land for conversion; and main goal is to develop land for homeownership. In response to Councilmember Lucas, the Chair stated that an apartment and a condo are the same thing; land is becoming scarce, so must be open to alternatives; and if there are two units rented on a lot, it should be ok to own it President Appezzato suggested regarding Financial Recommendations, staff report back with an assessment on the recommendations; regarding Condominium Conversion, stated he is willing to look at how to make the law better, however, he is not in business to subsidize or protect rental owners; and in regards to Land Use, he will not support recommendations if they include Base housing. Councilmember Kerr stated that she would like to change the direction of the Committee [Task Force] and the effort; now is the time to bring in representation of the target people; there are people in the older neighborhoods who want to see their neighborhoods stopped from going to all rentals; there should be representation from the housing projects; she can see a differently structured organization now that the Board of Realtors has completed its excellent work; and she would like the matter to come back to the Council as soon as possible. President Appezzato stated that Councilmember Kerr should come up with an idea on how to staff the committee. Councilmember Kerr stated that each Councilmember should suggest the kind of membership they desire, and submit their suggestions to the Mayor. Councilmember Lucas stated that the Mayor should be in charge, and an Executive Committee and a large General Membership Committee should be considered, similar to the Base Reuse Advisory Group. Councilmember Kerr moved acceptance of the Written Communication and that Councilmembers submit suggestions for membership, kinds of membership, to the Mayor. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-128) Neil Patrick Sweeney, Alameda, announced upcoming events Regular Meeting Alameda City Council March 4, 1997 loi and meetings. (97-129) Morten Wellhaven, stated that he did not hear anything during the oral presentation [Paragraph No. 97-122] about getting rid of noise related to air traffic; and that Wind River Systems should be given a pat on the back and support. COUNCIL COMMUNICATIONS (Communications from Council) (97-130) President Appezzato stated that Council requested Caltrans to upgrade both tubes to the maximum to withstand an earthquake, even though the upgrading of both tubes will cost many millions of the taxpayers' dollars; that there is a distinct possibility that Caltrans may reject Council's request because of cost and other priorities; there may be an outcry by certain groups that believe upgrading the tubes is unfair, especially citizens in San Diego; it is very possible that the tubes may not be upgraded to the maximum level; the State may recommend a certain level of funding, and anything above and beyond that level of funding would have to be paid for by the City; that the only way to do that would be to go to a ballot initiative to make up the difference, and he would ask that Councilmember Kerr and Mr. Don Roberts lead a ballot initiative to generate the revenues needed; he [Mayor Appezzato) would join Councilmember Kerr and Mr. Roberts as honorary chair; and in the very near future, Council may be requested to put the issue on the agenda to discuss in more detail; and that he compliments Councilmember Kerr and Mr. Roberts for bringing the matter to Council's attention. Don Roberts, Alameda, stated that the Council previously approved going to the highest level of seismic upgrading for the tubes; that the vote at the last Council Meeting was merely a second affirmation; he was disappointed that the Mayor indicated he spoke with State Assemblyman Don Perata and hoped he would be able to get at least one of the tubes seismically upgraded to the greatest level; and that he [Roberts] spoke with Assemblyman Perata last Friday, who indicated he would be working with Caltrans to assure that the tubes are upgraded to the greatest seismic safety. (97-131) Consideration of Mayor's Appointment to the Mayor's Committee for the Disabled. President Appezzato appointed Zeke J. Mailman to the Committee. (97-132) Consideration of Mayor's Appointment to the Rent Review Advisory Committee. (Tenant Representative) President Appezzato appointed Wendy R. Moorhouse to the Committee. (97-133) Councilmember Daysog stated that he has served on the Council for almost 100 days now; it has been a great pleasure; as Regular Meeting Alameda City Council March 4, 1997 being part of City Council, it is imperative to hold himself up to the highest standards; over the last two weeks, the local press-- Don Roberts Show--reported that he failed to pay approximately $240.00 for printing costs [of his Candidate's Statement in the November, 1996 Sample Ballot]; he is going to make payment, and also fine himself a substantial amount; it is important to maintain the public's trust; and it is also important for the press to keep itself at a high standard as well. (97-134) Councilmember Kerr stated that the Housing Authority's tour of properties for the Housing Authority Board of Commissioners was informative, and she developed a great admiration for the maintenance and care of said properties. Vice Mayor DeWitt stated that the City of Alameda manages its public housing well compared to neighboring cities. Councilmember Lucas stated that the Housing Authority has received awards of excellence. (97-135) Councilmember Lucas stated she appreciates Councilmember Daysog's honesty and the high standards he set for himself [see Paragraph No. 97-133]. (97-136) Councilmember Lucas stated the City has some horrible looking newspaper racks, especially one located at the corner of Lincoln Avenue and Webster Street; that such newspaper racks should be attended to; there should be a staff report on maintaining them regularly; and perhaps the Merchants Associations could be involved. President Appezzato commented that if newspaper racks are empty, the City could write to the Company; and if the newspaper racks are not removed, the City should bill for removal costs. (97-137) Mayor Appezzato complimented Councilmember Daysog on his comments [under Council ConTnunicationS, see Paragraph No. 97-133] and stated that criticism makes news. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the meeting at 11:11 p.m. spectfully submitted, DiWNE B. FELSCH, C C City Clerk Agenda for this meeting was posted in accordance with Brown Act. Regular Meeting Alameda City Council March 4, 1997 1 0 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL TUESDAY, MARCH 4, 1997, 9:00 P.M. The Special Meeting was convened at 9:30 p in with President Appezzato presiding. ROLL CALL - PRESENT: ABSENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and President Appezzato - 5. None. (97-124) Resolution No. 12857 "Requesting the State Lands Commission of the State of California to Initiate the Proceedings Necessary to Retrocede Jurisdiction at Naval Air Station Alameda from Exclusive to Concurrent Jurisdiction." Adopted. Don Roberts, Alameda, stated a memo from the Interim City Manager indicates that they [Naval Facilities Engineering Command] have to go to the Department of Justice for approval of the [Cooperative Agreement] Contract; it appears from the Interim City Manager's memo that if the Contract if not approved by the Department of Justice, it will be impossible to operate the Officers' Club which will close April 25th; he is appalled the request was not sent to the Department of Justice a year or two ago; apparently the information was not provided to Council when it made the decision to spend a third of a Million dollars for fixtures; the Officers' Club will close on April 25th and the whole idea of getting a two- month extension from the Navy was to ensure that the equipment and facility remained in good condition until the City began operation; and he does not know who is responsible, but someone should get a disciplinary letter for failing to work in advance to get the Department of Justice's approval. Councilmember Kerr stated that she understood the Department of Justice sprung the review on the City in Washington D.C.; it was never mentioned to anyone in Alameda: the Alameda Reuse and Redevelopment Authority, City staff, Council or anyone else. The Interim City Manager stated the first that they heard of the need for review was on Friday. President Appezzato stated that retrocession and securing fixtures at the Officers' Club are two separate actions; retrocession is required to run the Officers' Club; the decision by the Council to purchase the equipment was necessary at the time; it would have been nice to do both concurrently, but because of Council's action, there is a good chance the Officers' Club may now not close at all. Special Meeting City Council March 4, 1997 104 Councilmember Lucas moved adoption of the Resolution. Councilmember Kerr seconded the motion. Under discussion and in response to President Appezzato, the Interim City Manager stated that staff hopes to have something before the State Lands Commission in April and will do everything in their power to move it along; retrocession of jurisdiction will mean that on May 1, the City could operate the Officers' Club and Police Officers could enforce to law. The President stated that the Cooperative Agreement between the City and the United States Navy will provide cooperative-concurrent jurisdiction over the Naval Air Station until title to the property is received, and $4.5 Million will be available for the City for services through September 30, 1997. On the call for the question, the motion carried by unanimous voice vote - 5. ADJOURNMENT There being no further business before the City Council, President Appezzato adjourned the Special Meeting at 9:43 p.m. Respectfully submitted, DIANE B. FELSCH, C C City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting City Council March 4, 1997