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1997-08-05 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL TUESDAY- -AUGUST 5, 1997- -7:30 P.M. Mayor Appezzato convened the meeting at 7:30 p.m. The Pledge of Allegiance was led by Vice Mayor DeWitt. Father Kennedy of St. Philip Neri Church gave the Invocation. Roll Call: Present: Councilmembers Daysog, DeWitt, Lucas, Kerr and Mayor Appezzato - 5. Absent: None. Mayor Appezzato announced that the Staff Report on Senate Bill 500 and Staff Report on the TransBay Terminal were removed from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. (Items so approved and/or accepted are indicated by an asterisk preceding paragraph numbers.) Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. CONSENT CALENDAR (*97-428) Minutes of the Special Joint City Council, Housing Authority Board of Commissioners, and Community Improvement Commission Meeting held on June 16, 1997, and the Regular City Council Meetings held on July 1, and July 15, 1997. Approved. (*97-429) Report from Finance Director transmitting the Annual City of Alameda Investment Policy. Accepted. (*97-430) Report from Finance Director transmitting the Investment Report for Quarter ending June 30, 1997. Accepted. (*97-431) Report from Finance Director recommending approval of Certification of Assessment/Fee Statement. Accepted. (97-432) Report from Chief of Police recommending support of Senate Bill 500 (Polanco) Prohibiting "Saturday Night Special" Handguns. Regular Meeting Alameda City Council August 5, 1997 Don Bergen, Alameda, stated various reasons why he believes SB 500 should be opposed. Neil P. Sweeney, Alameda, urged the City Council to support the staff recommendation. Councilmember Lucas complimented the Chief of Police for his position on SB 500, and moved approval of the staff recommendation to support the Bill. Councilmember Kerr seconded the motion. Under discussion, Mayor Appezzato stated the City's position on banning Saturday Night Specials is on record; and that he commends the previous and current City Council for said position. On the call for the question, the motion carried by unanimous voice vote - 5. (*97-433) Report from Public Works Director recommending award of contract in the amount of $70,000 to AAP Concrete for Rep:ir of Portland Cement Concrete Sidewalk, Concrete Sidewalk Grinding, Curb, Gutter and Driveway for the Fiscal Year Ending June 30, 1998, No. P.W. 06-97-12. Accepted. (97-434) Report from Public Works Director recommending rejection of bid and authorization for Public Works Director to negotiate in the open market for Minor Street Patching with Asphalt Concrete for the Fiscal Year Ending June 30, 1998, No. P.W. 06-97-13. (Requires Four Affirmative Votes) Held over. (*97-435) Report from Public Works Director recommending adoption of Plans, Specifications and Estimates (PS&E) and authorization to call for bids for Webster Street/Eighth Street Project, No. P.W. 07-97-16. Accepted. (*97-436) Report from Public Works Director recommending adoption of Plans, Specifications and Estimates (PS&E) and authorization to call for bids for Atlantic Avenue Corridor Improvements Project, No. P.W. 07-97-17. Accepted. (*97-437)Report from Public Works Director recommending adoption of Plans, Specifications and Estimates (PS&E) and authorization to call for bids for East End Signal Retiming and Equipment Upgrade, No. P.W. 07-97-18. Accepted. (97-438) Report from Public Works Director recommending support of AC Transit's Position on the TransBay Terminal. (Councilmember Kerr) Don Bergen, Alameda, spoke in support of the staff recommendation. Regular Meeting Alameda City Council August 5, 1997 Neil P. Sweeney, Alameda, spoke in support of the recommendation. Mayor Appezzato stated on March 15th, the Alameda County Conference of Mayors sent a letter to San Francisco Mayor Brown, stating "We, the Mayors of Cities in Alameda County are alarmed by proposals to abandon the TransBay Transit Terminal and force its operations to alternative locations; transit in the TransBay Corridor will be hobbled and its use discouraged if these proposals go forward. . and we urge your strong opposition to proposals that would abandon or weaken the effectiveness of the TransBay Terminal at AC Transit's cost, or needlessly spend money to build a new facility that will not offer improved access; we further urge your support for finishing seismic and life safety upgrades of the TransBay Transit Terminal, and its vital ramps." Mayor Appezzato further stated the Congestion Management Agency (CMA) is on record as opposing the removal/destruction of the TransBay Terminal; CMA wants the TransBay Terminal to remain in existence; the Mayor of Berkeley and he appeared before the Metropolitan Transportation Commission (MTC) to oppose its removal; and that the Council should consider sending the proposed letter to MTC, and forward a copy to the Governor. Councilmember Kerr stated that she placed the matter on the Agenda because AC Transit is important to Alameda commuters; one detail not discussed enough is the integrity of the ramps that go between the Bay Bridge and the Terminal itself; it is proposed to tear down the ramps as well [as the Terminal]; the ramps enable the buses to get off the Bridge, enter the Terminal to unload passengers, and get back on the Bridge to make another commute run; if buses are forced into downtown City traffic, it will take longer for a turn around, and AC Transit will require more buses and drivers; the existing dedicated ramps should be retained; that she read MTC approved designs for a new eastern part of the Bay Bridge and also approved raising tolls to pay for the project and a new TransBay Terminal; it is an outrage for East Bay commuters to pay for pleasures of Mayor Willie Brown and downtown San Francisco; and it is disappointing that Assemblyman Don Perata would not support AC Transit to the fullest. Councilmember Kerr further stated the letter should be sent to more than one source: the Governor and MTC; and the City should lobby Sacramento. Councilmember Daysog stated Alameda is in a position to benefit from the redevelopment of TransBay Terminal area; if the area is redeveloped, jobs will be created; a new TransBay Terminal would be located only one block from where the Terminal is currently situated; financing is a critical question, and the East Bay should not finance the project(s); putting the Terminal Project into the hands of the San Francisco Redevelopment Agency allows the Agency Regular Meeting Alameda City Council August 5, 1997 276 to come up with funding, and one advantage of a redevelopment area is that environmental impact reviews can be moved along; the entrances from and onto the Freeway will not cause that much of a problem; the City should encourage the Mayor of San Francisco and/or MTC to be concerned with environmental impacts, however, the City is in a position to reap the benefits of this kind of project. Councilmember Lucas stated that she strongly supports the position of the Alameda County Mayors Conference and the presentation made to MTC; Alameda is more dependent on AC Transit than other communities; and the existing location of the TransBay Terminal is much better than the location proposed by Mayor Willie Brown. Councilmember Lucas moved that Council submit the proposed letter to the Governor, and send a copy to MTC. Councilmember Kerr and Mayor Appezzato both agreed that Mayor Willie Brown should be provided a copy. Mayor Appezzato commented that Mayor Willie Brown does not have the final decision on the matter. Councilmember Kerr seconded Councilmember Lucas's motion. Under discussion, Councilmember Kerr stated that she has never read that Mayor Willie Brown intends to replace the dedicated bus ramps to and from the Bay Bridge; and that she be believes the ramps are critical considering the poverty of AC Transit. Mayor Appezzato stated that everyone in the East Bay is on record of supporting the current TransBay Terminal. On the call for the question, the motion carried by following voice vote: Ayes: Councilmembers Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato - 4. Noes: Councilmember Daysog - 1. (*97-439) Ratified bills in the amount of $2,159,677.17. REGULAR AGENDA ITEMS (97-440) Resolution No. 12914, "Appointing Nancy J. Gill as a Member of the City Historical Advisory Board." Adopted. Councilmember Lucas moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. Regular Meeting Alameda City Council August 5, 1997 277 (97-441) Resolution No. 12915, "Appointing Dian McPherson as a Member of the City Historical Advisory Board." Adopted. Councilmember Lucas moved adoption of the Resolution. vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-442) Neil P. Sweeney, Alameda, stated that the Internet should be used to advertise Alameda. (97-443) Don Roberts, Alameda, stated several weeks ago the City Attorney responded to a question from the President of the Public Utilities Board with a simple one-word answer: no; the Bureau of Electricity has spent over $400,000 of ratepayers' money to go into new businesses such as cable television and leasing of high-speed data lines; neither of those businesses existed when the City Charter was approved; Section 12-5 of the Charter states: "Neither the City nor the Board shall engage in any public utility business in which the City or Board is not now engaged, except with the consent of the people expressed by a two thirds vote"; and his question is: Is the expenditure of $400,000 by the Bureau to go into new businesses, such as cable television, in compliance with the language of Section 12-5 of the City Charter? The City Attorney stated that she had extensive discussions with Mr. Roberts on the matter, and she would be happy to discuss the matter again with him and forward her prior opinion. Mr. Roberts stated that the City Attorney answered Mr. Hansen's question [President, Public Utilities Board], and he [Roberts] would like either a yes or no answer to his question. The City Attorney stated that because of the manner in which Mr. Roberts' framed his question, she could not respond with a yes or no answer. Mr. Roberts stated that he wanted a public response as was given to Mr. Hansen. Mayor Appezzato requested the City Attorney to publicly submit her report. The City Attorney advised the Council that the matter was scheduled for public discussion at the next Regular Council Meeting. (97-444) Richard Neveln stated the City Council, while on tour of Regular Meeting Alameda City Council August 5, 1997 278 the Naval Air Station, should take note of the deteriorating conditions of the airfield runway; that limited use of the airfield would preserve it for future use and [help with] predator control; and that the majority of people in favor of a limited-use airfield are Alameda citizens. He further stated that the Historical Advisory Board should review NAS history and provide Council with input on the historical significance of preserving the airfield. COUNCIL COMMUNICATIONS (Communications from Council) (97-445) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. Mayor Appezzato nominated Danielle Bailey. (97-446) Mayor Appezzato stated that the Consent Calendar of the next Council Meeting Agenda should include the committee to solicit private funds to replace the Tower on City Hall; a group of volunteers have come together in an attempt to generate private funds from individuals and corporations to restore the Tower; and that he would like to announce the Committee on the day of the ribbon cutting and re-dedication of City Hall in September. (97-447) Mayor Appezzato stated that he received a letter from the Secretary of Defense regarding his recent visit to Alameda, which complimented Alameda on base conversion. (97-448) Mayor Appezzato stated the Woolworth Company announced closure of its stores nationwide; that he sent a letter to Michael's Arts and Crafts in Irvine, California in support of their return to Alameda; there are discussions with various businesses desiring to rehabilitate the Bridge site center--better known as the Blanding Shopping Center; and that there is activity at the Central Market, as well as the South Shore Shopping Center. (97-449) Mayor Appezzato requested the Public Works Director to determine whether any sidewalk repairs in front of the Historic Alameda High School, from the East Wing to City Hall, were necessary. (97-450) Councilmember Kerr requested an off-agenda report on a Dog Park at, or near, Alameda Point. (97-451) Councilmember Kerr questioned the future of the Estuary Park; stated that before the Coast Guard took over north housing, it was shown on reuse plans as being placed into redeveloped housing as part of the new housing to replace north housing; however, now that the Coast Guard has taken north housing, as well as Marina Village, the plans--Estuary Park--still seem to be there: it is a nice park with a soccer field, a small ball field with bleachers, a par course and other amenities; that both the North Regular Meeting Alameda City Council August 5, 1997 7- 7 End and West End of Alameda are below State standards on park area; since it was in residential use all these years by the Navy, it might be free of toxic waste; she would like to know if it can be put to use; there may not be money or the Coast Guard may not want the City to put it to use; and a report should be prepared on the matter. (97-452) Councilmember Kerr stated the City recently issued two five-year Use Permits for the Northern Waterfront, immediately west of the West Gate of FISC; the area will be redeveloped into high- class waterfront residential use or industrial-park use; the uses should have been considered when issuing the Use Permit(s) to a toxic waste firm and tow-car storage company; future surrounding uses should be considered; Alameda does not have the usual transition zoning between heavy industrial and residential; and in this case, there is heavy industrial and residential together. (97-453) Councilmember Kerr stated a resident suggested that the start line and finish line at the Run for the Parks Event could be separated by a few blocks to allow people to drive in and out during the race; the Park Department may well have provided such an amenity; and that there should be way for the residents in a run area to get in and out during the event. (97-454) Councilmember Kerr noted that at the next Alameda Reuse and Redevelopment Meeting one of the firms, on the short list for Request for Proposals for west housing, is the City and that the Chief Building Inspector is the contact; and that an off agenda report should be provided on which Council voted go into the market-rate housing business. (97-455) Mayor Appezzato stated that the City of Oakland is trying to get its teams named after Oakland, e.g. Oakland Warriors; since the Raiders are located in Alameda, a letter should be sent requesting that the team be named the Alameda Raiders. ADJOURNMENT (97-455A) President Appezzato adjourned the meeting at 8:15 p.m. in memory of Father Doherty of St. Joseph Notre Dame High School. Respectively submitted, Diane B. Fe sch, C C City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council August 5, 1997