1997-09-02 MinutesSPECIAL MEETING OF THE CITY COUNCIL
TUESDAY- -SEPTEMBER 2, 1997- -6:50 P.M.
Mayor Appezzato convened the Special Meeting of the City Council at
6:50 p.m.
ROL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice
Mayor DeWitt and Mayor Appezzato - 5.
ABSENT: None.
The Special Meeting was adjourned to Closed Session to consider:
(97-485) Workers' Compensation Claim, Claimant: Gerald Leavitt;
Public Employee Performance Evaluation, Title: City
Manager; and Conference with Legal Counsel - Initiation
of Litigation pursuant to subdivision (c) of Section
54956.9, Number of Cases: One.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding the Workers' Compensation
Claim the City Council gave instructions to the City Attorney;
regarding the Employee Evaluation the City Manager obtained a
briefing; and regarding Initiation of Litigation the City Council
did not authorize initiation of litigation and instruction was
given to the City Attorney.
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The public notice for this meeting was posted in accordance with
the Brown Act.
Special Meeting
Alameda City Council
September 2, 1997
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
TUESDAY- - - - - -SEPTEMBER 2, 1997- - - -7:30 P.M.
Following a Special Community Improvement Commission Meeting, Mayor
Appezzato called the Council Meeting to order at 8:08 p.m.
Councilmember Lucas led the Pledge of Allegiance.
Roll Call: Present: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
Absent: None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(97-486) Certificates of Service to former Board and Commission
Members: Rahim Aurang, Social Service Human Relations Board;
Charles S. Bridges, Social Service Human Relations Board; Jim
Franz, Social Service Human Relations Board; Marie L. Gilmore,
Planning Board; Ruth S. Lamb, Housing Commission; David O. Plummer,
Historical Advisory Board, Judith A. Pollard, Historical Advisory
Board; and Anthony P. Shomon, Public Utilities Board.
Mayor Appezzato presented Certificates of Service to Jim Franz,
Ruth Lamb, David Plummer, Judith Pollard and Anthony Shomon.
CONSENT CALENDAR
Mayor Appezzato stated that the Report on Quarterly Sales Tax
[paragraph number 97-488], Report on AB 23 [paragraph number 97-
489], and the Report on Offramp Improvements [paragraph number 97-
490] were withdrawn from the Consent Calendar for discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5. [Items so approved are indicated by an
asterisk preceding the paragraph numbers.]
(*97-487) Minutes of the Regular City Council Meeting held on
August 19, 1997. Approved.
(97-488) Report from Finance Director transmitting Quarterly Sales
Tax Report for Sales Transactions in the First Quarter of 1997.
Mayor Appezzato stated the Sales Tax revenue increased by 2.2% and
the Quarterly Sales Tax by 13.1%.
Regular Meeting
Alameda City Council
September 2, 1997
Councilmember Lucas moved approval of the report.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
(97-489) Report from Chief of Police recommending support of
Assembly Bill 23 providing the first generic definition of an
Assault Weapon.
Don Bergen, Alameda, stated the founding fathers gave citizens the
Second Amendment for the purpose of self protection; AB 23 will not
deter criminals.
Al Chelini, Alameda, former Police Officer, stated that he foresees
any action against assault weapons, guns, as an abridgement of the
Second Amendment and an erosion of Constitutional rights.
James Murphy, Oakland, stated the Second Amendment is clear: the
right of the people to bear arms shall not be infringed; arms are
an equalizer; Police react after the fact.
Hector Reyna, Oakland, stated the right to bear arms should not be
taken away; need qualified people in government; Alameda kills
businesses; need good laws to keep criminals in jail.
Neil P. Sweeney, Alameda, stated the staff recommendation should be
considered; a lot of children are accidentally killed by guns.
Morton Wellhaven, Alameda, stated that he supports the staff
recommendation; the Second Amendment is no longer an issue when
addressing assault weapons; he envisions a Country that does not
have assault weapons, and a State that does not have handguns.
Vice Mayor DeWitt moved Council support of the staff
recommendation.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(97-490) Report from Public Works Director recommending award of
contract in the amount of $431,900 to Tennyson Electric for
I880/23rd Avenue Offramp Improvements, No. P.W. 05-97-10.
Mayor Appezzato stated P.W. 05-97-10 was one of the projects that
the City staff and Congestion Management Agency were able to save;
there have been many complaints regarding 23rd Avenue; and he
requested staff to explain what the monies will do to help the
City.
The Public Works Director stated the project will significantly
improve the access point from northbound 1880 to the Park Street
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Alameda City Council
September 2, 1997
Bridge; two separate signals will be installed and part of the
roadway widened; the cost will be shared between a Transportation
Systems Management grant, the City of Oakland and CalTrans; the
project is more expensive than expected, however, both other
agencies are willing to cooperate with funding; the project time
will be extended; and staff recommends that Council proceed with
Option B [Total cost $341,900; the TSM grant will pay for $227,500;
Oakland will pay $63,700 (Phase 1 costs). Caltrans will pay
$25,667 (Phase 2 costs). Alameda will pay $115,034 (Phases 1 and
2 costs and Oakland's share of Phase 2). The City will reprogram
$115,034 of Measure B funds from CIP 93-03, Maitland Drive Bike
Path, and defer that project to a future year. The City's
advancement of funds for Oakland's share of Phase 2 of the budget
shortfall will be repaid within two years with interest.]
Councilmember Lucas moved approval of the recommendation.
Councilmember Kerr seconded the motion.
Under discussion, Vice Mayor DeWitt stated the Oakland-side Alameda
accesses and exits are poor, and that he strongly supports the
recommendation.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(*97-491) Report from Public Works Director recommending that the
City Manager be authorized to execute an Agreement establishing a
Solid Waste Advisory Committee and authorization of the City's
withdrawal from the Joint Refuse Rate Review Committee. Accepted.
(*97-492) Resolution No. 12922, "Naming Three Streets at Alameda
Point and Renaming One Street at California Heritage Bay, Tract
6877." Adopted.
(*97-493) Resolution No. 12923, "Approving the Undertaking of
Certain Public Improvements on Behalf of the Community Improvement
Commission." Adopted.
(*97-494) Ratified bills in the amount of $4,629,756.67.
REGULAR AGENDA ITEMS
(97-495) Resolution No. 12924, "Reappointing Anne E. Cook as a
Member of the City Economic Development Commission."
(Marine/Waterfront Seat). Adopted.
Councilmember Lucas moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
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Alameda City Council
September 2, 1997
C 411
The City Clerk administered the Oath of Office and presented a
Certificate of Appointment to Ms. Cook.
(97-496) Resolution No. 12925, "Reappointing Pattianne N. Parker as
a Member of the City Economic Development Commission." (Community-
At-Large). 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 and presented a
Certificate of Appointment to Ms. Parker.
(97-497) Resolution No. 12926, "Appointing John L. Abrate as a
Member of the City Economic Development Commission." (Community-
At-Large) Adopted.
Councilmember Lucas moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented a
Certificate of Appointment to Mr. Abrate.
(97-498) Status Report from Public Works Director regarding East
End Ferry Service and recommending continuation of service.
Brian A. Powell, Alameda, stated there is an interest in the East
End ferry service; discontinuation of the service would mean
another 75 cars at rush hour; and he urged the City Council to fund
continuation of service.
Margaret Hill, Alameda, stated discontinuance of the ferry service
would not only be disruptive but affect the quality of life.
Ronald Kahn, Alameda, stated the ferry service enriches the lives
of over 200 people per day; the service relieves surface traffic to
West End ferry terminal; and a 15% fare increase would be
acceptable.
Arthur Barbour, Alameda, stated that he supports additional funding
for the ferry service; the service means less cars on the road and
provides more transportation options; the service also increases
property values which translates into property taxes.
Tim Hoppen, Executive Vice President of Harbor Bay Isle Associates,
Harbor Bay Maritime and Doric Group of Companies, stated the
completion and development of the Harbor Bay Isle Project has been
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Alameda City Council
September 2, 1997
•3 0
diligently pursued; the Project has been their single purpose; HBI
has not been immune to the forces of the market place; that he is
pleased to inform Council that over 2,800 of the 3,000 homes have
been constructed, most schools are in operation, amenities are in
place, and over 90% of the infrastructure has been completed; in
addition, 1.5 million square feet of the approved 5.5 million
square feet has been constructed within the Harbor Bay Business
Park; at the outset of the project, they recognized that traffic
and traffic mitigating projects would be a way of life; they
recognize the need to set up the financial vehicles to fund these
projects; they worked long with Alameda and outside agencies to
accomplish goals; they have always supported the concept of
maritime service linking the East Bay Harbor Bay to the West Bay
and San Francisco; out of these collective efforts the Harbor Bay
ferry service was created; Harbor Bay and Doric have invested
millions of dollars in obtaining entitlement, building the
infrastructure, subsidizing the operations, maintaining the
vessels, and building a viable service; unlike other services, they
have never sought or received funds to subsidize their operating
cost; they now find themselves requesting and supporting a subsidy
from a fund that was created to serve the needs of the local
people--the Traffic Improvement Fund (TIF); TIF was established
under the terms of the Development Agreement with the sole purpose
of identifying and mitigating access and traffic problems
associated with Bay Farm Island and the build out of the Harbor Bay
Isle Project; this subsidy will allow the City staff and others to
seek more permanent funding from sources such as the Petroleum
Violations Escrow Account (PVEA) and the Bridge Tolls--both
initiatives underway and making progress; if the subsidy is not
approved, the service will be reduced Monday thru Friday,
dramatically dropping the ridership, and in turn, will put more
people back into their cars and back on the road; and he would like
to thank the City staff on their efforts and support to date, and
encourage Council to approve the TIF as a source of operating
capital for the Harbor Bay East End Ferry Service.
Morton Wellhaven, Alameda, stated one of the permanent solutions to
ferry service is ridership; that he has been waiting to hear on the
radio and television in the mornings that the ferries are running
on time; every single commute report on the radio and TV should
include that the ferries are running on time, which would fill
every ferry in the bay.
Tom Jordan, Executive Director of Community of Harbor Bay Isle,
stated the Board of Directors continues to be in full support of
finding funding for the Harbor Bay Ferry; the community considers
the service as a vital importance to the community; the Community
of Harbor Bay Isle supports funding of a long-term nature, and
supports the funding of an interim nature; the Community of HBI
concurs with Mr. Hoppen that use of TIF for this purpose is
appropriate.
Regular Meeting
Alameda City Council
September 2, 1997
In response to Mayor Appezzato's inquiry regarding the opening of
the security gates, Mr. Jordan stated the process to open the gates
was initiated by the Community of HBI (CHBI), CHBI is on record
asking for the gates to be opened; and CHBI has been in discussion
with Planning and Traffic engineers.
Mayor Appezzato stated the Cross Airport Roadway is probably
critical to the future success of any ferry system; access to the
ferry boat could make it successful or unsuccessful; and the
success of the Harbor Bay Business Park may also hinge on the Cross
Airport Road and/or the ferry.
Ron Basarich, Alameda, stated that he heartily supports the City's
position to support the ferry service from Harbor Bay to San
Francisco; it is a very essential portion of resolving certain
problems with transportation infrastructure; if Council approves
City funds, the Council should review the accessibility of parking
for all citizens.
Mayor Appezzato noted the matter of opening the gates is scheduled
for October before the Planning Board.
George Cooper, Alameda, stated the West End Ferry for East End
residents is not really an option; ferry service is a booming
business; the Harbor Bay Ferry is full on the 7:15 and 5:30 runs;
the other runs do not get riders to work at normal times; the
purpose of the ferry is [to serve] the residents, not commuters.
Mayor Appezzato stated, for clarification purposes, that the City
does not have money in the General Fund to support ferry services.
Vice Mayor DeWitt stated that he is pleased there are set aside
monies in the State budget for water transit systems; it appears
monies approved at this time will merely be a carryover to the
first of the year; and he will support the staff recommendation.
Councilmember Kerr stated TIF was set up for the purpose of
mitigating traffic impacts of the Harbor Bay Isle development
throughout Alameda; TIF funds have been considered a source of
funding for the Cross Airport Roadway, and important to both the
ferry and Harbor Bay Business Park; the original subsidy, approved
by the former Council, was $10,000 per month; the expected subsidy
has gone from $10,000 per month to $43,000 per month which is
alarming; and the City cannot rely on instant funding on January 1,
1998.
At the request of Councilmember Kerr, the Public Works Director
clarified that the agreement with Blue and Gold would be a stopgap
measure, if the East End ferry ceased providing service; there is
a provision in the Blue and Gold Contract stating they would take
over one run, each way, everyday, if there was no longer a service
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Alameda City Council
September 2, 1997
provider; the service provider contract expires at the end of the
month; unless they voluntarily put the one run on, there would not
be any service.
Councilmember Kerr stated the Council should review [the matter],
because it may not be the end of subsidy funding requests.
Councilmember Daysog stated that he was concerned about timing,
because State money will probably not be available on January 1,
1998; the [necessity for] subsidy [funding] could go beyond three
months; not all cities can afford two ferry services; that he is
willing to try the three-month interim period, however, not going
beyond that period of time; the City cannot rely on instant funding
on January 1, 1998; and it must be recognized that monies will be
taken away from the Cross Airport Roadway Project.
Councilmember Kerr stated any motion for money should include a cap
[on any additional consideration of subsidy funding]; and that
additional subsidy funding would deplete TIF funding for traffic
mitigation problems throughout the City.
In response to Councilmember Lucas's request for clarification on
additional sources of money being available in January, 1998, the
Acting City Manager stated the likelihood of Alameda benefitting
from [PVEA and Bridge Tolls] funds is good, however, the question
whether those funds would be available on January I cannot be
answered.
The Public Works Director noted that other than ferries funded now
by MTC, Alameda will be the first in line for funding.
Councilmember Daysog inquired whether, after the three-month
period, the ferry service could temporarily go out of business.
In response to Councilmember Daysog, the City Attorney stated there
is an existing agreement with Harbor Bay Maritime; if no funding
was provided, it would be up to Harbor Bay Maritime; Harbor Bay
Maritime could choose, for example, to continue operating with its
own subsidies; and while Council can establish a cap in intent,
Council cannot bind a future Council, for example, from bringing
something back and voting on it.
In response to Councilmember Kerr's request for clarification, the
City Attorney stated the current Council cannot bind itself,
however, it can take a public vote and public position.
Councilmember Kerr stated that she is worried about funding which
goes through the Metropolitan Transportation Commission.
The Public Works Director stated there has been a detailed study of
ferry needs in the area, and Alameda is the next most likely to
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Alameda City Council
September 2, 1997
receive subsidy funding--it is on the books and approved; the staff
at MTC has been very cooperative with the City for the entire time
that ferry service has been provided.
Mayor Appezzato stated there are no guarantees, and MTC is the only
place the funds will go through.
Councilmember Lucas stated she is in favor of taking the funds out
of TIF.
Mayor Appezzato stated the matter has to come back to the Council;
the recommendation is only for three months; if Alameda lost the
ferry, he is not sure what message that would send to Sacramento.
Councilmember Lucas moved acceptance of the staff recommendation.
Vice Mayor DeWitt seconded the motion.
Under discussion, Councilmember Kerr stated that she will not
support any further subsidy; she is disappointed that Harbor Bay
Maritime has not offered any funds to support the ferry service,
other than TIF funds which are essentially tax funds; Harbor Bay
Maritime is depending upon Blue and Gold to supply one service
today, but they themselves are not willing to put any money into
the service; the gate is still not down, which makes that ferry
service an exclusive party for Harbor Bay Isle residents.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor
Appezzato - 4. Noes: Councilmember Kerr - 1.
* * *
Mayor Appezzato called a recess and reconvened the meeting at 9:23
p.m.
* * *
(97-499) Resolution No. 12927, "Authorizing the Issuance of Special
Tax Bonds, and Approving and Authorizing Related Documents and
Actions, City of Alameda, Community Facilities District No. 2
(Paragon Gateway)." Adopted.
Councilmember Lucas moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(97-500) Written Communication from Dion Griffin, President, Harbor
Bay Business Park Association, regarding the Cross Airport Roadway
Project [Mayor Appezzato]; and
Regular Meeting
Alameda City Council
September 2, 1997
Status Report from Public Works Director regarding the
Airport Roadway Project.
Ron Basarich, Alameda, stated that he supports the Council moving
forward with Alameda's position with respect to the Joint Powers
Agreement between City of Oakland, Port of Oakland and City of
Alameda; and Council should continue to support the Cross Airport
Roadway.
Don Roberts, Alameda, stated Council will have to decide next April
or May whether the Cross Airport Roadway is a net benefit to
Alameda; that he hopes staff, at that time, will present a very
thorough piece of documentation indicating how money will be taken
from Measure B Funds and Gas Tax Funds and what impact the removal
of those funds will have on surface streets in the rest of Alameda.
Tom Jordan, Executive Director of the Community of Harbor Bay Isle,
stated the Community Board of Directors, on advice of its legal
counsel, has yet to take a formal position on the Cross Airport
Roadway, in order not to prejudice the net benefit determination
that Council needs to take; and the Board encourages the City,
after the Port EIR, to move as fast and judiciously as possible
through the net benefit determination.
Mayor Appezzato stated the letter from Mr. Griffin was sent to
numerous parties; the issue has been raised to a great extent
throughout the Bay Area; there are more financial impacts that must
be addressed before a net benefit determination is made; the
citizens of Alameda, when they approved Measure B Funds, approved
the Cross Airport Roadway; and it has been said the Roadway would
reduce traffic on the main island, benefit businesses, and provide
safety factors.
Councilmember Lucas moved acceptance of the staff report [Public
Works Director's staff report dated August 27, 1997].
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(97-501) Neil P. Sweeney, Alameda, discussed various public
relations and transportation matters.
(97-502) John Fee, Alameda, discussed his vision of a redeveloped
West End.
(97-503) David Plummer, Alameda, stated the Public Works Department
should increase the speed limit to 35 mph on Main Street and also
synchronize the traffic signals on that thoroughfare, to aid
commuters traveling to the West End Ferry.
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Alameda City Council
September 2, 1997
(97-504) Connie Wendling, Chair, Alameda Golf Commission, stated
the Commission thanks the City Council and the previous City
Council for the foresight to build the Lucious Bateman Driving
Range and the Norma Arnerich Teaching Academy; that Alamedans and
golfers from all over the Bay Area are taking advantage of the
beautiful facility; and the Commission hopes the proposed new Club
House and Restaurant project can be completed.
Mayor Appezzato stated that he read in the Business Times the Chuck
Corica Golf Course is the busiest golf course of the 25 courses
ranked.
COUNCIL COMMUNICATIONS (Communications from Council)
(97-505) Consideration of Mayor's nomination for appointment to the
Golf Commission.
Mayor Appezzato nominated Fred W. Leitz for reappointment to the
Golf Commission.
(97-506) Mayor Appezzato announced that in 1985, the Planning Board
and City Council required developers of Heritage Housing to reserve
six homes for first-time home buyers; initial first-time home
buyers were chosen by lottery; recently a drawing was held and
another lucky family became first-time homeowners because of price
restrictions; and he commended the Community Development
Department.
(97-507) Mayor Appezzato suggested staff request, through the Adult
School, the Community Band to schedule a concert in each City park
next summer; and if that is not possible, perhaps the Band could
perform in each section of the City: Bay Farm Island, the West and
East Ends, and Central Alameda.
(97-508) Mayor Appezzato stated the City of San Leandro has an
earthquake survival pamphlet; residents of Alameda should be
provided with a similar pamphlet; and that he suggests staff
inquire whether San Leandro would allow Alameda to reprint it and
replace the cover with an Alameda cover.
(97-509) Councilmember Daysog stated citizens must be confident in
the people working in City Hall, especially elected officers as
himself; a personally troubling point regarding his education has
been raised; in regard to his educational attainment, he is one
class short of receiving his Masters Degree from the University of
California, Berkeley, Department of City and Regional Planning;
this fall, he will be attending UC Berkeley to complete the one
course; that in his haste to participate in Alameda upon graduation
in 1994, he failed to set aside the time to complete the one
course; to the degree that he has made mistakes, they have been
errors of implementation, and never of intent, and for that he
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Alameda City Council
September 2, 1997
apologizes; while attending Berkeley, he will continue to work in
San Francisco and continue to serve on the Council; the ultimate
judge of the matter is the people of Alameda; judgment will not
come someday in a distant November, it is to be expected and
accepted every day; and that he is thankful to share what talents
and energy he can command toward working with the citizens to renew
Alameda.
(97-510) Councilmember Kerr stated it would be a good idea to
invite all former members of the City Council to the re-dedication
of City Hall on September 21, 1997, and have a group picture on the
steps with present and past Councilmembers.
(97-511) Councilmember Kerr stated that she appreciated the earlier
comments on the ferry service; e.g., to include Alameda ferry
service in the daily traffic reports, and the need to synchronize
traffic signals on Main Street.
(97-512) Councilmember Kerr stated the three-minute-limit buzzer
for public speakers in the Council Chambers should be restored.
ADJOURNMENT
(97-512A) Mayor Appezzato adjourned the meeting at 10:10 p.m. in
memory and honor of Princess Diana of Wales, who tragically died in
an automobile accident in Paris, France.
Respectfully submitted,
Diane B. Fe sch, MC
City Clerk
The agenda for this meeting was posted in accordance with the
requirements of the Brown Act.
Regular Meeting
Alameda City Council
September 2, 1997