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1997-12-16 MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -DECEMBER 16, 1997- -6:55 P.M. Mayor Appezzato convened the Special Meeting of the City Council at 7:00 p.m. ROLL CALL PRESENT: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. ABSENT: None. The Special Meeting was adjourned to Closed Session to consider: (97-675) Conference with Legal Counsel - Anticipated litigation, Initiation of litigation pursuant to subdivision (c) of Section 54956.9, Number of Cases: One; and Conference with Labor Negotiator, Agency Negotiator: Personnel Director and Austris Rungis; Emy,lovee Organization(s): United Public Employees Association #790 (Police Technicians) - SEIU. Following the Closed Session, the Special Meeting was reconvened and the Mayor announced that regarding Conference with Legal Counsel - Anticipated Litigation, Council obtained a briefing from the City Attorney; regarding Conference with Labor Negotiator, Council gave instructions to the City's negotiators. There being no further business before the City Council, Mayor Appezzato adjourned the meeting at 7:30 p.m. Respectfully submitted, ane B. Felsch, CMC City Clerk The public notice for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council December 16, 1997 381 MINUTES OF THE REGULA TY COUNCIL MEETING TUESDAY- -DECEMBER 16, 1997- -7:15 P.M. Mayor Appezzato convened the meeting at 8:25 n.m. Councilmember Daysog led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. Absent: None, CONSENT CALENDAR Mayor Appezzato announced that two items would be held over: 1) recommendation to approve installation of stop signs on Bay Street at Eagle Avenue [paragraph number 97-681] and 2) Adoption of Resolution Consenting to and Calling a Joint Public Hearing of the City Council and the Community Improvement Commission of the City of Alameda [paragraph number 97-682] and that certain items were removed from the Consent Calendar for discussion. Councilmember Lucas moved the remainder of the Consent Calendar. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. Mayor Appezzato announced that additional items were withdrawn from the Consent Calendar for discussion [Introduction of Ordinances] and asked if Council would reconsider the motion to approve the Consent Calendar. Councilmember Lucas moved that Council reconsider approval of the Consent Calendar. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*97-676) Minutes of the Special and Regular City Council Meetings held on December 2, 1997. Approved. (97-677) Recommendation to use Building #1 for City Offices at Alameda Point. Regular Meeting Alameda City Council December 16, 1997 Don Bergen, Alameda, stated the Community Development Department's offices were recently renovated and should remain in their current location; and the Recreation and Public Works Departments should be moved into the building behind City Hall or the County Health Building owned by the City. Bill Garvine, Alameda, stated Council should reconsider moving Alameda Recreation and Park Department (ARPD); [School District] Superintendent Chaconas requested [Mr. Garvine] to convey that, with approval from the Board of Education, the School District would be interested in providing housing for ARPD at the current site with an agreement similar to Mastick Senior Center charging low rent, such as $1.00 per year. Mayor Appezzato requested Mr. Garvine to obtain a letter from Superintendent Chaconas stating the offer. Diane Coler-Dark, Alameda, stated the City Council is being asked to move City offices to Alameda Point without knowing the cost; Community Development was placed on Webster Street as a revitalization strategy and as a place for West End residents to pay bills; Recreation generates activity for Park Street and a [central] service counter is not sufficient; public transportation to the FISC site is not available and a shuttle without ridership is not economically viable. Frank Lopez, Silversword Jewelry Store, Alameda, stated Recreation and Park Department generates a lot of business for the Park Street Business District; the Community Development Department was moved to revitalize Webster Street; and City offices should not be moved at this time. John Fee, Alameda, stated that he is in favor of the City offices moving to Alameda Point. Councilmember Daysog stated the convenience for residents and businesses should be driving the discussion; the Recreation Department should remain centrally located; the Community Development should not be moved from Webster Street; and reducing cost should not occur at the expense of convenience. Councilmember Lucas stated a benefit of relocating offices to Alameda Point would be increased use of the facility; the Recreation and Park Department serves young people and many do not drive; Recreation should remain in the center of the City where it is easily accessible; that she supports moving the Community Development Department; the Community Development Department building on Webster Street is rentable; and locating additional businesses on Webster Street would increase business. Mayor Appezzato stated the City Council has been committed to maintaining a major presence in the [central] area. Regular Meeting Alameda City Council December 16, 1997 In response to Vice Mayor DeWitt, the City Manager stated satellite offices would be considered; finance for a shuttle would be examined; accommodations would be made to keep West Alameda Business Association and Police Offices on Webster Street; and the reason for presenting this proposal now is to provide sufficient time to prepare for termination of the lease with the School District. Vice Mayor DeWitt stated that he would agree with moving offices, except for Recreation and Park Department, as long as a satellite office remain for public access; but right now everything is not in tact to relocate. Councilmember Kerr stated the office space at Alameda Point is free; moving the Community Development Department would allow the City to collect rent [on the Webster Street office space]; that she is in favor of moving all offices [to Alameda Point]; there is a major recreation complex at Alameda Point; it is appropriate to move Recreation close to said complex. The City Manager stated the issues raised need to be addressed by the Council and members of the community; staff will report back with a specific plan within 45 days. Superintendent of Schools Chaconas stated that he is interested in working collaboratively with the City to keep the Recreation and Park Department at Historic Alameda High School; something can be worked out that will be compatible with both the City's and School District's financial needs. Mayor Appezzato requested the City Manager to bring said matter back and stated no motion would be taken on the item. (*97-678) Recommendation to approve Annual Report of the Community Improvement Commission. Accepted. (*97-679) Recommendation to re-allocate funds, adopt Plans and Specifications, and authorize calling for bids for Repair of Ferry Terminal Parking Lot, No. P.W. 11-97-27. Accepted. (97-680) Recommendation to adopt Plans and Specifications and authorize calling for bids for Construction Contract to Upgrade Building 530A at Alameda Point (07-49-03698-530A), No. P.W. 11-97- 29. John Fee, Alameda, stated Council should vote in favor of said matter. Councilmember Lucas moved approval of staff recommendation. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council December 16, 1997 (97-681) Recommendation to approve installation of stop signs on Bay Street at Eagle Avenue. Held over. (97-682) Adoption of Resolution Consenting to and Calling a Joint Public Hearing of the City Council and the Community Improvement Commission of the City of Alameda on the Proposed Community Improvement Plan for the Alameda Point Improvement Project and Consenting to a Concurrent Public Hearing of the Commission on the Delay of Application of California Environmental Quality Act to the Plan on February 3, 1998. Held over. (*97-683) Resolution No. 12945, "Electing to Receive All or a Portion of the Tax Revenues Pursuant to Health and Safety Code Sections 33607.5 and 33676." Adopted. (*97-684) Resolution No. 12946, "Authorizing the Public Works Director to Sign and File for, on Behalf of the City, a Financial Application for a Loan from the State Water Resources Control Board, and Dedicating a Source of Revenue for the Repayment of the Loan for Infiltration and Inflow, Phase 6, Sanitary Sewer Replacement Project, No. P.W. 11-97-28. Adopted. (97-685) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsections 8-5.3 (Twenty-Five Miles Per Hour Prima Facie Limits) and 8-5.5 (Thirty-Five Miles Per Hour Prima Facie Limits) of Section 8-5 (Prima Facie Speed Limits) of Chapter VIII (Traffic and Motor Vehicles), to Establish a Thirty-Five Mile Per Hour Speed Limit on Main Street between Atlantic Avenue and Navy Way. Introduced. John Fee, Alameda, stated that he is in favor of raising the speed limit. Councilmember Kerr moved introduction of the Ordinance. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (97-686) Introduction of Ordinance Amending Ordinance No. 2096 to Provide for an Eight Month Extension of the Existing Cable Franchise Agreement with United Cable Television of Alameda, Inc., doing business as TCI Cablevision of Alameda. Introduced. John Fee, Alameda, urged Council to introduce the Ordinance. Vice Mayor DeWitt moved introduction of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (*97-687) Ratified bills in the amount of $1,329,300.04. Regular Meeting Alameda City Council December 16, 1997 REGULAR AGENDA ITEMS (97-688) Consideration of proposed Rulemaking of the State Resource Agency regarding revisions to the California Environmental Quality Act Guidelines and authorization for the Mayor to communicate Council's Position. Councilmember Lucas stated base closure and historic preservation make said matter important to Alameda and moved approval of staff recommendation. Councilmember Daysog seconded the motion. Under discussion, Councilmember Kerr stated [revisions to guidelines] have implications for historic buildings. Mayor Appezzato requested an amendment to the motion to allow the Mayor and other members of Council to lobby Sacramento. Councilmembers Lucas and Daysog agreed to incorporate the amendment to the motion. On the call for the question, the motion carried by unanimous voice vote - 5. *** Mayor Appezzato called a recess and reconvened the meeting at 9:15 p.m. * * * (97-689) Recommendation to approve an Agreement to loan Transportation Improvement Funds to continue operating the East End Ferry Service. Dan Reidy, San Francisco, Attorney for Harbor Bay Maritime, stated Harbor Bay Maritime supports the recommendation presented by Staff; and submitted a letter from the President of the Harbor Bay Business Park Association requesting support of the Ferry service. Councilmember Lucas inquired Ferry service marketing would be improved. Mr. Reidy responded $20,000 has been budgeted to enhance current marketing; and they will begin marketing on a coordinated basis with the Alameda-Oakland Ferry Service. Roy Calhoun, Alameda, stated property tax money from residents in Homeowners' Associations on Bay Farm Island is not spent on street lighting or repair; many residents purchase homes because of the proximity to Ferry service; and urged Council to support [the East End Ferry Service]. Regular Meeting Alameda City Council December 16, 1997 Bill Garvine, Executive Director, Alameda Chamber of Commerce, stated the Harbor Bay Ferry is an essential part of the mix to attract new business to Alameda; Ferry service improves the quality of life and decreases traffic; a large degree of infrastructure investment has been made in the Ferry and interim subsidy should continue; and State legislators have been asked to provide funding to subsidize future operations of the Ferry. Mayor Appezzato stated Measure B re-authorization will be voted on next year and that a Measure passed increasing the percent of toll revenue to 3-5% for Ferry operations. Councilmember Daysog inquired about Harbor Bay Isle continuing its private subsidy. Mr. Reidy stated Harbor Bay Maritime will continue private subsidy which totals approximately $70,000. Mayor Appezzato read article(s) in the Oakland Tribune and Alameda Times Star newspapers entitled, "Designing Success on Silicon Island", quoting Ronald Ableman, President of Wind River Systems, Inc. Susan McCormack, Alameda, stated the Ferry service should be continued and urged Council to fund the service. W. Graham Claytor, Alameda, stated that he has temporary solutions to funding problems: rather than reducing services, operating costs could be reduced by running drivers on split shifts; operation of the Ferry service should go to competitive bid; elimination of a partial trip, rather than full round trip, could be considered; improvements to the parking lot have been completed; and coordination of the bus and Ferry schedule should be promoted. Jesus Romero, Alameda, stated Ferry riders rely on the service; and BART, buses and the West End Ferry are not suitable alternates. John Searles, Alameda, stated the Ferry service improves the quality of life in Alameda. Thomas Jordan, Executive Director, Community of Harbor Bay Isle [CHBI], stated the CHBI has a long standing commitment to the Ferry and recommends Council support. Claudia Perkins, Alameda, stated the Ferry builds the [sense of] community on Harbor Bay Isle; elimination of the service would increase traffic; ridership has the potential to increase; and encouraged continuing subsidy for the Ferry. Rose Paz Wierenga, Alameda, stated that she moved to Alameda to enjoy the convenient commute provided by the Ferry. Regular Meeting Alameda City Council December 16, 1997 387 Amy Paz, Alameda, urged Council to support funding for Ferry Service. Councilmember Lucas stated Ferry service promotes Civic pride, and that she will support staff's recommendation. In response to Councilmember Daysog's inquiry regarding toll funds, the Public Works Director stated the original estimates were in the $500,000 range; the best estimate is that the Grant will be between $400,000 and $500,000. Councilmember Daysog inquired if full service would continue with only $400,000. The Public Works Director responded that the [current] six trips per day would not be covered by $400,000; however, reduced service mentioned earlier [by Mr'. Claytor] could be considered. In response to Mayor Appezzato's inquiry about the toll increase from $1.00 to $2.00, the Public Works Director stated the Metropolitan Transit Commission (MTC) expects revenue to in-rease, but estimates a decrease in the number of bridge riders. Councilmember Daysog inquired how unexpected costs, such as replacing the engine, would be covered. The Public Works Director stated the contract requires Harbor Bay Maritime to provide Ferry service for the entire term of the contract for an agreed upon amount; and over $100,000 has been budgeted by the provider for maintenance and operations. Mayor Appezzato gave a brief overview of the funding sources. Councilmember Kerr stated according to the MTC publication, "Transactions", the expected set aside for water [transit] funding north and south of the Bridge is $900,000; and inquired how realistic it is to expect $400,000 to be allocated to south of the Bridge. The Public Works Director stated that $400,000 to $500,000 was the best estimate from MTC. In response to Councilmember Kerr, the Public Works Director stated the City will receive all south of the Bridge funds because Alameda has the only Ferry service. Councilmember Kerr stated funding could be diluted if other communities request Grants from MTC; Council is expected to approve a loan of $160,000 which would not be reimbursed if MTC does not allocate Bridge toll funds to the City; the City has spent over $200,000 to try and fix the Express 2 Ferry, $200,000 for continued operation and another $160,000 is required, totaling over $1/2 Regular Meeting Alameda City Council December 16, 1997 388 Million in local spending; that she does not believe the Cross Airport Roadway will increase ridership; that she supports Ferry service; support should be focused on the West End Ferry; [East End] Ferry service was promised to residents by the developer, not the City; the Ferry service is a great service; however, more money should not be allocated to said service. In response to Vice Mayor DeWitt inquiry if staff had reviewed W. Graham Claytor's suggestions, the Public Works Director stated staff did not have the opportunity, however, the option of cutting services has been reviewed. Vice Mayor DeWitt requested staff to review Mr. Claytor's suggestions and inquired whether staff could consider a competitive bid. The Public Works Director responded the provider had already been selected for the first year; a different provider could be selected in the future, however, Transportation Improvement Funds (TIF) matching funds would not be available. Vice Mayor DeWitt stated that he is in favor of continuing [Ferry] service; alternate staffing of Harbor Bay Maritime should be reviewed; and since Council is approving a loan, the funds will be repaid to the City. Councilmember Daysog stated the Bridge Toll Fund is available to Alameda; TIF funds are available without impacting other projects; the City of Alameda is dedicated to alternate means of transportation; emergency costs would be paid by Harbor Bay Maritime; service could end if expenses cannot be covered by the provider or the City or if the amount of Bridge toll funds decreases. Councilmember Kerr stated the loan is being given to a company without any collateral; MTC funds are not guaranteed; and Ferry projects in other communities are in the works. Mayor Appezzato stated Alameda has the only eligible water transit service south of the Bridge; Alameda has been recommended to receive $9 Million in Measure B re-authorization funding for Ferry service; and reviewed other Measure B funding the City is eligible to receive; he further stated a County poll indicated Ferry service support. Mayor Appezzato requested the Council to approve his membership on the Blue Ribbon Water Transit Task Force. The City Attorney stated the matter should be brought back to the Council. Mayor Appezzato listed the proposed membership of said committee. Regular Meeting Alameda City Council December 16, 1997 389 Councilmember Lucas moved approval of the staff recommendation. Councilmember Daysog seconded the motion. Under discussion, Vice Mayor DeWitt suggested that the motion be amended to add the term negotiate to fifth line of staff recommendation: ". . . motion authorize the Public Works Director to negotiate and amend the agreement. Councilmember Lucas agreed to said amendmen On the call for the questions, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. (97 -690) Resolution No. 12947, "Commemorating the California Gold Discovery to Statehood Sesquicentennial." Adopted. Susan McCormack, Alameda, gave a brief overview of the Sesquicentennial celebration; stated Chamber of Commerce has pledged support; Committee would like the ability to come back to Council with requests for City funding, if necessary; Committee is drafting by -laws and would like Council ratification; and announced the following Committee members: Andy Pagano, Jim George, Andrew McCormack, Alice Wheless, Kelly Kearney, Arleen Russi, Lois Hoffman. [Ms. McCormack will chair the Committee.] Andrew McCormack, Alameda, stated that he believes this will be a fun project for Alameda. Bill Garvine, Executive Director, Alameda Chamber of Commerce, stated the entire resource of Chamber is, in a non - monetary sense, at the Committee's disposal. Alice Wheless, Alameda, stated that she believes the Committee can [plan an event] which really represents California. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (97 -691) Final Passage 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. Held over. Matt Stier, Alameda, requested Council to direct the Planning Department to research the potential negative impact on the residents of Alameda, e.g. electrical magnetic fields (EFM), and oppose adoption for tonight. Regular Meeting Alameda City Council December 16, 1997 Bryan Andriese, Acquisition Manager representing Cellular One, stated it is a microcell site, as opposed to a macrocell site; it is a two-antenna site, as opposed to a six- to nine- or twelve panel antenna site; antennas are very low powered, operate at roughly 1.6 watts and pose little risk; antennas are regulated by the FCC, and the emf levels are acceptable; Cellular One meets all federal standards and guidelines; aesthetically, the impact is minimal; the radio cabinet itself is very small and unobtrusive and blends with surroundings. Mr. Andriese stated they are in the process of submitting plans to the Building Department and Planning for review. Councilmember Daysog stated the City Manager's Office should review the health issues; e.g., converse with other cities. Councilmember Lucas stated the Bureau of Electricity should provide assistance on the matter of electric magnetic fields. Councilmember Kerr stated the City Attorney should address the matter of co-location as raised by Mr. Stier; e.g., if a right to put one kind of antenna on a pole is given, does that absolutely extend the right to add antennae? Vice Mayor DeWitt requested the staff report to address radio cabinets/equipment pedestals also. Councilmember Kerr moved Council direct staff to report back on the aforementioned matters. Councilmember Lucas seconded the motion. Under discussion, Don Roberts stated the proposed radio cabinet [at Westline Drive and Portola Avenue] appears to extend above the seawall; additional information should be developed by staff in line with what San Francisco did; San Francisco passed an ordinance requiring a City-wide plan for such installations; he questioned why proposal included a residential area, and whether other companies in the cellular phone business would be going to the same locations to install additional junction boxes; and stated staff should have notified people in the [affected] areas, especially residential. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-692) Don Bergen, Alameda, discussed Congressman Ron Dellums' relationships documented in a biography written by David Horowitz: Radical Son; and stated excerpts would be provided to Council. Regular Meeting Alameda City Council December 16, 1997 391 (97-693) John Fee, Alameda, commented on local developments and businesses. COUNCIL COMMUNICATIONS (Communications from Council) (97-694) Consideration of Mayor's appointment to the Airport Operations Committee. [Member representing a Homeowners' Association] Mayor Appezzato appointed Walt B. Jacobs to the Airport Operations Committee. (97-695) Mayor Appezzato requested an off agenda report to the Council on the Paradise Island Club located on Webster Street; he stated a number of residents have concerns regarding the Club. (97-696) Mayor Appezzato announced that the Port of Oakland certified the final EIR for the proposed Airport Expansion Development Plan; stated that he spoke on behalf of the community and requested the EIR document be re-circulated. (97-697) Vice Mayor DeWitt stated the Atlantic Avenue Linear Park strip should be developed; he inquired whether it was possible to include that area in the development of the East Housing and/or be part of one of the programs; and he requested an off agenda report on said matter. (97-698) Vice Mayor DeWitt requested an off agenda report on locations for a youth center in the City. (97-699) Vice Mayor DeWitt requested an off agenda report on the feasibility of live/work spaces, including the Northern Waterfront area. (97-700) Vice Mayor DeWitt stated there should be a map or directional board outside the gate at Alameda Point. (97-701) Councilmember Lucas requested an off agenda report on whether two additional parking spaces could be provided on the Oak Street side of the closed gas station [formerly Chun's Texaco Station] located at the corner of Santa Clara Avenue and Oak Street. (97-702) Councilmember Kerr stated Jackson Park is not getting the attention it needs; there are suggestions for art shows and concerts at that location; Jackson Park should be an asset to both the neighborhood and neighboring business district. Vice Mayor DeWitt stated that he met with the organization; park improvements are desired; people who live along that strip want improvements too; Jackson Park can be very beautiful. Regular Meeting Alameda City Council December 16, 1997 Mayor Appezzato stated that there is a plan for the Park which should not fall through the cracks. (97-703) Councilmember Daysog stated that in light of El Nino, he would like information, a report, on the maintenance of palm trees along Eighth Street. Said report should address falling fronds. (97-704) Councilmember Daysog requested an off agenda report on the process by which streets are identified for sign placement [restricting parking] for street cleaning, e.g. along Central Avenue between Webster Street and Ballena Bay Blvd. [Note: copy of an existing report would be acceptable.] (97-705) Mayor Appezzato stated there should be a sign identifying the Bay Farm Island Bridge; that there are a lot of people who do not know what bridge it is; and it is a State bridge. ADJOURNMENT Mayor Appezzato, on behalf of the City Council, wished the citizens of Alameda a Happy Holiday Season and a very properous New Year, and adjourned the meeting at 10:50 p.m. Respectfully submitted, 4-42( Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council December 16, 1997