1997-12-02 MinutesMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY- -DECEMBER 2, 1997- -7:05 P.M.
Mayor Appezzato convened the Special meeting to order at 7:05 p.m.
ROLL CALL: PRESENT: Councilmembers Daysog, DeWitt, Kerr,
Lucas, and Mayor Appezzato - 5.
[Note: Councilmember Daysog arrived at
7:30 p.m.]
ABSENT: None.
Mayor Appezzato adjourned the meeting to Closed Session to address
the following:
(97-649) Conference with Legal Counsel-Anticipated Litigation;
Initiation of Litigation pursuant to subdivision (c) of
Section 54956.9; Number of Cases: One.
Following the Closed Session, Mayor Appezzato announced
instructions were given to the City Attorney.
There being no further business before the Council, Mayor Appezzato
adjourned the Special Meeting.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The Agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Ccuncil
December 2, 1997
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - DECEMBER 2, 1997- -7:_15 P.M.
Mayor Appezzato convened the Regular Council Meeting at 7:37 p.m.
Councilmember Lucas led the Pledge of Allegiance. Father Jeffrey
Keyes, St. Barnabas Church gave the invocation.
Roll Call - Present: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
Absent: None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(97 -650) Proclamation declaring the week of December 7, 1997 as
"Up With People Week ". [Mayor Appezzato]
Mayor Appezzato read the Proclamation and presented same to members
of the Advance Team for Up With People and to Judy Blank, Sponsor.
CONSENT CALENDAR
Mayor Appezzato announced that certain items were removed from the
Consent Calendar for discussion.
Councilmember Lucas moved the remainder of the Consent Calendar.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
( *97 -651) Minutes of the Special and Regular City Council Meetings
held on November 18, 1997. Approved. [Councilmember Lucas
abstained; she was not present at the November 18, 1997 Council
Meeting.]
(97 -652) Report from City Manager recommending continued
opposition to Deannexation of Vista College from the Peralta
Community College District. [Mayor Appezzato]
Norbert S. Bischof, Berkeley, representative of the Peralta
District Academic Senate, stated the faculty was opposed to
deannexation.
Helene Maxwell, Peralta Federation of Teachers, stated deannexation
would fragment Peralta and create a new financially insolvent
district.
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Ralph Marinaro, College of Alameda Faculty, stated Vista College's
attempt to withdraw from the college system is an attempt to
eclipse Alameda from having a voice in the matter.
Laverne Stewart, Oakland, Peralta Chapter, President of Local 790
Chapter, Classified Employees, stated the classified employees of
Peralta were against deannexation; it would harm Peralta as a
whole.
Gerhard W. Degemann, Alameda, stated that he supports the City
Manager's recommendation to continue to oppose deannexation.
Amey Stone, Alameda's Trustee to Peralta School District, stated
Vista College has wanted a building of their own; the State will
not give Peralta one dollar to erect a building for Vista College;
by State standards, Peralta is already overbuilt for the student
base served; that she proposed the District go to the people and
ask approval for $15 Million for a permanent site for Vista College
located within the Peralta Community College District; proposal
passed by 87%, however, Board hopes litigation will preclude matter
going to the voters.
Mayor Appezzato stated that he hoped the Resolution, adopted by
Council in 1996 opposing deannexation, would be sent again to the
County Superintendent of Schools, Senator Lee and Assemblyman
Perata, with a letter stating if the matter did go to a vote,
Alameda citizens would participate in that vote.
Councilmember Kerr stated Vista College is crowded and making do
with less; the College performs a great service to the whole
District; and she inquired whether there was a hopeful outlook for
Vista.
Trustee Stone responded absolutely; Vista is held in high regard
and with the utmost respect within Peralta; a great deal of
resources within the last few years have been going into the
College; Vista will get a building of their own; there is $15
Million in which to do that; the public approved it; every effort
was being made in securing land, etc.; the Board had on its last
agenda a proposal to buy the property from which to erect a
building, which has come to an absolute stop; the $15 Million was
approved by six cities: Alameda, Oakland, Piedmont, Emeryville,
Albany and Berkeley; with the cloud of deannexation, they cannot
move forward with the purchase of property and the erection of a
building; the issue of deannexation must first be adjudicated;
however, there is $15 Million from which to build a permanent site
for Vista College in Berkeley.
Councilmember Daysog stated the City has much at stake regarding
Vista College and the Peralta Community College District, in
general; the Peralta District has $25.2 Million in outstanding
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Alameda City Council
December 2, 1997
debt; of that $25.2 Million, 14% is applicable to citizens in
Alameda; Alamedans are paying with their taxes $3.5 Million toward
that debt, which is a disproportionate share; that he is concerned
about Vista College's action, because taxpayers' dollars help pay
for that College.
Councilmember Lucas moved approval of the City Manager's
recommendation, [and direction that the 1996 Resolution be
transmitted to the County Superintendent of Schools, Senator
Barbara Lee and Assemblyman Perata, with a letter stating if the
matter is voted on, Alameda citizens should participate in the
vote].
Councilmember Kerr seconded the motion.
Under discussion, Mayor Appezzato stated if Vista was deannexed,
severe financial hardship would occur; deannexation would be
detrimental to the District and the College of Alameda; and he
clarified that the motion is to send the 1996 Resolution to the
[County] Superintendent of Schools, Senator Barbara Lee and
Assemblyman Perata, with a letter, signed by the Mayor, stating
citizens of Alameda should participate in the vote, if said matter
is voted on.
On the call for the question, the motion carried by unanimous vote
5
(97-653) Report from Finance Director transmitting the City of
Alameda Comprehensive Annual Financial Report (CAFR) for Fiscal
Year Ended June 30, 1997.
Councilmember Kerr noted that she pulled the report from the
Consent Calendar for discussion; stated staff well expressed some
of the problems facing the City in the Financial Report; e.g., the
loss of 16,000 jobs due to base closure which equates to $345
Million in payroll and a reduction in regional income of $729
Million; in Alameda alone, there is a loss of $24 Million in
procurement; the City is surviving an economic blow of a huge
magnitude; another financial disaster discussed in the report is
the affects of Proposition 13: the limit on tax increases on
properties which do not change ownership, and the transfer of
control of property taxes to Sacramento; the State started to
balance the State budget on the backs of California cities during
the hard years when State sales tax and income taxes went down; the
final insult was this year when the State revenues were back up,
instead of returning the property taxes to the cities, they cut the
State income tax; since the passage of Prop. 13, other propositions
have been passed to protect the property taxes for schools, but the
cities remain in deep trouble; in the 1996-97 share of the
permanent revenue shift from local governments and special
districts to schools, part of the State's budget balancing measures
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December 2, 1997
37 3
for ERAP [Educational Revenue Augmentation Fund], amounted to $2.9
Million; Prop. 218 has limited the ability to replace this money,
which is not necessarily unreasonable; and that she urges voters to
lobby State representatives to restore property taxes to the
cities; the School District is having a lobbying session with
Assemblyman Don Perata to increase the Schools' share of property
taxes; and the City should be doing the same thing: hold lobbying
sessions with State representatives to express dissatisfaction with
wholesale taking of property taxes.
Mayor Appezzato stated prudent reserves have been established where
appropriate; citizens should look at the Comprehensive Annual
Financial Report; General Fund revenues including operating
transfers total $43 Million, an increase of 6% over 1996; taxable
sales increased by 22.47% in 1996; there was a $200,000 increase in
taxable revenues in Harbor Bay; we should be very alert to
generating increased business revenues at the Naval Air Station,
FISC property, and at Harbor Bay; the City is doing a good job
attracting companies like Wind River Systems and Ascend; and it is
important to continue to do so.
Councilmember Daysog stated total City expenditures for 1997 was
$37,733,433 versus 1996 expenditures of $36,768,371; there is a
growth in spending clearly under inflation; Alameda is holding down
public spending.
Councilmember Daysog moved to accept the report.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(*97-654) Report from Community Development Director recommending
acceptance of Marketing Plan, "Preliminary Recommendation in
Support of Business Attraction and Retention", and approval of
Phase II contract with Aviso, Inc. for Marketing Services.
Accepted.
(97-655) Report from Community Development Director recommending
establishment of an Ad Hoc Home-Ownership Committee.
Mayor Appezzato stated that Councilmember Daysog's nominees for
appointment to the Committee were overlooked, and requested
Councilmember Daysog to name the individuals.
Councilmember Daysog stated that he nominated Greg Boller,
President, Alameda Democrats Club; and Kimberly Garfinkle, outgoing
President of the Alameda Democrats Club.
Mayor Appezzato stated that the time Committee Members spend away
from their families serving on behalf of the community is
appreciated; the committee should be allowed to add to its
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December 2, 1997
314
membership and accept resignations with a majority vote; and that
he welcomed Councilmember Daysog's nominees.
Councilmember Lucas stated Ms. Monetha Hatcher, who approached her
years ago on the issue, would be serving the Committee.
Mayor Appezzato noted Monetha Hatcher had been nominated by Vice
Mayor DeWitt and the following individuals would serve on the
Committee: Mark Hanna, former Councilmember; Linda Larkin, former
Planning Board Member; Linda Soulages, Ginger Schuler, Mark
Wommack, Alice Wheless, Mark Chandler, Monetha Hatcher, Greg
Boller, Kimberly Garfinkle, two members from the Board of Realtors,
a Planning Board Member, a member of the Economic Development
Commission, and a Member of the Social Service Human Relations
Boards; and stated that he would not be adverse to a member of the
Housing Authority also serving should the Committee desire.
Councilmember Kerr noted that the Committee would be staffed by the
new Housing Manager from the Community Development Department.
Councilmember Lucas moved acceptance of the staff recommendation
and approval of the Mayor's comment that the by-laws should be
amended to permit the appointment of additional members by the
Committee.
Councilmember Daysog seconded the motion.
Under discussion, Vice Mayor DeWitt stated that he was very
enthusiastic about the Committee, and hopeful the Committee would
help the American dream come true by providing more homeownership.
Councilmember Kerr stated that she also views the program, which
she advocated for a long time, as something similar to what the GI
Bill did for the neighborhood in which she lives; that she views
this [homeownership] program as being a modern-day way for people
of all different kinds to get into homeownership; in general, the
silent seconds would be an obligation of the homeowner, they are
not going to be gifts; it is a great way for people to get into
homeownership, just the way it was after the second World War; and
Carol Beaver of the Community Development Department has been
speaking with the Human Resource chairs and directors from various
large corporations moving into Alameda, which should provide
information on the housing needs.
Mayor Appezzato stated that he wanted to thank the previous Council
which initiated the homeownership program.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(*97-656) Report from Public Works Director recommending acceptance
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of work by Ransome Company for the Repair and Resurfacing of
Certain Streets, Phase 18, No. P.W. 04-97-08. Accepted.
(*97-657) Report from Public Works Director recommending award of
contract in the amount of $155,036.00 to Vanguard Construction and
allocation of $51,000 additional Gas Tax Certificate of
Participation Funds for Webster Street/Eighth Street Signal
Retiming and Street Improvement Project, No. P.W. 07-97-16.
Accepted.
(*97-658) Report from Public Works Director recommending award of
Recycled Product Purchase Grants for Fiscal Year 1997-98 to Five
Alameda Organizations. Accepted.
(*97-659) Report from Public Works Director recommending award of
Recycling and Waste Reduction Grant for Fiscal Year 1997-98 to
Alameda Children's Musical Theatre. Accepted.
(97-660) Resolution No. 12943, "Allocating Additional Funds and
Authorizing the Public Works Director to Negotiate in the Open
Market, Pursuant to Section 3-15 of the City Charter, for the Bay
Farm Island Dike Emergency Repair Project." Adopted.
Gerhard Degemann, Alameda, stated the Harbor Bay Homeowners
Association turned over $325,000 to the City for the maintenance
and repair of the dikes, and questioned why additional funding was
necessary.
The Public Works Director stated that the Harbor Bay Homeowners
Association provided approximately $600,000 to the City, which was
a final assessment following closure of the Reclamation District;
some of those funds were placed into a Capital Improvement Project,
however, not enough for the $100,0000 in repairs.
Bruce Draper, Director of Security for the Community of Harbor Bay
Isle, read a short statement on behalf of the Community of HBI,
which stated support for any and all action designed to move
forward with repairs to the dike, and support for the City's staff
recommendation to enter into a negotiable contract.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(*97-661) Introduction of Ordinance Approving and Authorizing the
Execution of Lease Agreement Between Bay Area Cellular Telephone
Company, doing business as Cellular One, as Lessee, and the City of
Alameda, as Lessor, for the Installation of Microcell Sites within
City Limits. Introduced.
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December 2, 1997
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(*97-662) Ratified bills in the amount of 1,732,672.84.
•
(97-663) Resolution No. 12944, "Declaring Alameda a Hate-Free
City." Adopted.
Councilmember Lucas thanked the Social Service Human Relations
Board for bringing the matter to Council's attention; she stated
that she agrees Alameda needs to be a hate-free City; there has
been some intolerance or inflammatory rhetoric in the recent past;
hate has no place in Alameda; and Councilmember Lucas moved
adoption of the Resolution.
Councilmember Daysog seconded the motion.
Under discussion, Mayor Appezzato stated Council needs to stand and
restate it will not tolerate hate, in any manner whatsoever, in the
community.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(97-664) Report from Public Works Director recommending
authorization of Amendment No. 1 to the Measure B Funding
Agreement by and between Port of Oakland, City of Alameda, City of
Oakland and the Alameda County Transportation Authority (ACTA) and
Amendment No. 1 to the Local Match Funding Agreement by and between
the City of Alameda and ACTA for the Airport Roadway Project.
Following persons spoke in favor of the staff recommendation:
Jonathan Bond, Intrepid Systems, Inc.
Rick Cassidy, Ascend Corporation
Mike Dunlap, Alameda
Bryan Goldschlag, Alameda
Steve Brimhall, Doric Development Corporation
Christopher Richard, Alameda
Bill Garvine, Alameda Chamber of Commerce
Sue Day, CA Alliance for Jobs, Oakland
Amey Stone, Alameda.
Following persons spoke against the staff recommendation:
Steven Gerstle, Alameda
Irene Dieter, Alameda
Adam de Boor, Alameda business address
Dave Plummer, Alameda.
Councilmember Lucas stated that she has been voting for the project
since 1986, as have the majority of the voters; increased access is
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December 2, 1997
377
needed; a 66th Avenue tunnel is too far away in the future; and she
moved approval of staff recommendation.
Councilmember Kerr stated the action being taken by Council tonight
is not the final story on the issue: a net benefit determination
must be approved; the timing of the project is extremely difficult;
the new EIR just came out today; if things were done in an orderly
fashion, Council would have had the opportunity to review [EIR] and
a make a net benefit determination before voting on funding;
however, there is a deadline at the end of the month and some money
has to be put into the pot, otherwise the whole thing will die
completely; Council must make this decision without having gone
through the revised EIR; that she voted for Measure B back in the
days when the Metropolitan Oakland Airport was a relatively minor
airport; it was projected to meet the needs as they grew; according
to the Airport Expansion Plans, they are actively marketing and
trying to get business from other airports; the new airport
expansion is an incredible increase over what exists now; there is
a question whether there will be a lot of traffic flowing from the
Airport through the East End of Alameda; the first EIR did not
answer that question completely; and that she will be supporting
the motion solely on the basis of beating the deadline at the end
of this month and [is] not committing to any final vote until the
EIR is received and also had the opportunity to vote on the net
benefit assessment.
Vice Mayor DeWitt stated the Roadway would allow for the East End
Ferry service to continue and also provide improvements in the
quality of life for all citizens; that property taxes do not pay
for the amount of public services received; the great majority of
money that keeps the City going comes from business taxes; the City
must increase its business stock; the Project was originally
designed to take traffic away from Fernside Blvd, High Street and
Otis Drive; there are ways to control traffic; Doolittle Drive is
a safety concern; what is being voted on tonight is not whether
Council supports airport expansion, but whether to continue to have
the option to allow the Roadway to be built sometime in the distant
future; the Airport Expansion Project should be separated from
Cross Airport Roadway Project and access to Harbor Bay Isle.
Vice Mayor DeWitt seconded the motion.
Under discussion, Councilmember Daysog stated it is clearly a very
tough issue; in the final analysis, Council will need to balance
,
perspectives; good City planning will be necessary; this evening,
Council is just punting.
Mayor Appezzato provided a historical background of the matter;
stated the Roadway will not enter Maitland Drive; a net benefit
determination must be made; the Roadway should reduce traffic,
especially on Fernside Blvd., Otis Drive and High Street; it should
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Alameda City Council
December 2, 1997
0
provide access to the East End Ferry, help mass transit, and serve
as a safety valve in the event of major catastrophe; this could be
the last opportunity to build a route from Alameda to 1-880 any
time in the near future; the Project does not prevent the City from
taking a very severe stand on expansion to the Airport, including
a lawsuit if necessary.
On the call for the question, the motion carried by unanimous voice
vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(97-665) James Gary, Alameda, spoke in opposition to the Church of
the Latter Day Saints plan to demolish a house at 1621 Encinal
Avenue to increase a parking lot.
Mayor Appezzato suggested Mr. Gary attend Planning Board Meetings
when the issue is before that body.
(97-666) Charles Dempsey, Alameda, expressed concern regarding the
plan to demolish the single-family residence at 1621 Encinal
Avenue.
(97-667) Irmgard Dempsey, Alameda, stated to exchange a single-
family home [1621 Encinal Avenue] of great beauty for 20 parking
spaces does not seem economically sound; the neighborhood does not
want the parking lot.
COUNCIL COMMUNICATIONS (Communications from Council)
(97-668) Mayor Appezzato noted that the San Francisco Business
Times Newspaper had an article which stated: "Europe by the Bay;
Alameda to Turn an Art Deco Landmark into an Open Market"; he
stated that the property is the former market site located on
Central Avenue off Park Street; and commented that good things are
occurring in Alameda.
(97-669) Mayor Appezzato stated that the Chief of Police should
provide a report on police activities planned to discourage drunk
driving in Alameda over the holidays.
(97-670) Mayor Appezzato stated that the U.S. Conference of Mayors
is heavily discussing the needs for teenage curfew; some cities
believe there should be teenage curfews; and staff should revisit
the issue and report to Council.
(97-671) Mayor Appezzato noted communications were received in
support of the Cross Airport Roadway from IDX and Alameda County
Employees' Association late in day.
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Alameda City Council
December 2, 1997
(97-672) Councilmember Daysog requested a staff report on whether
Alameda has a City Mascot; stated it could be an interesting joint
project with the School District for the City's youth.
Councilmember Lucas stated staff should survey other cities on the
matter.
Councilmember Daysog stated the survey should be limited to Alameda
County.
Councilmember Lucas agreed.
(97-673) Mayor Appezzato stated that he serves on the Measure B
Steering Committee; all of the projects will come before the City
Council in February or March, 1998 for a public vote of support;
following Council's action, the matter will go to ACTA and the
County Board of Supervisors for additional public hearings. He
further stated the second County survey indicated that 69% of
Alamedans believe the Committee is going in the right direction;
the three projects being pursued: Operate and maintain the draw
bridges between Alameda and Oakland, improve ferry service between
Oakland and Alameda to San Francisco, and provide an 1-80/1-980
ramp at Broadway and Jackson Street in Oakland to restore access to
the West End of Alameda, were each highly rated.
(97-674) Vice Mayor DeWitt announced that on December 6th, 5:30
p.m., at City Hall, the annual Holiday Tree Lighting Ceremony will
take place.
ADJOURNMENT
Mayor Appezzato adjourned the Council Meeting at 9:25 p.m.
Respectfully submitted,
Diane B. Fe sch, CMC
City Clerk
Notice for this meeting was given in accordance with the Brown Act.
Minutes Regular Meeting
Alameda City Council
December 2, 1997