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Mayor Appezzato announced that additional items were withdrawn from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