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1996-08-20 Minutes238 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL AUGUST 20, 1996 The meeting convened at 7:05 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, and President Appezzato - 4. ABSENT: Vice Mayor Mannix - 1. (96-452) President Appezzato adjourned the Special Meeting to Closed Session to consider: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (54956.9) Existing Litigation Name of Case: Glazier v. City of Alameda. Announcement of Action Taken in Closed Session Following the Closed Session, President Appezzato announced that Council gave instructions to Legal Counsel. Adjournment There being no further business before the City Council, President Appezzato adjourned the meeting at 7:15 p.m. spectfully subm t d, 144e /)4P E B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting, Alameda City Council, 7:05 p.m. August 20, 1996 1 9 REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 1996 The meeting convened at 7:40 p.m. with Mayor Appezzato presiding. Reverend Jack Buckley, First Presbyterian Church, gave the invocation. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, and President Appezzato - 4. ABSENT: Vice Mayor Mannix - 1. SPECIAL ORDERS OF THE DAY (96 -453) President Appezzato stated that it was his pleasure to recognize Amber Garrett, who received the Youth Power Award for 1996 from the Girls Inc. of the Island City; and presented her with a Certificate of Recognition. Miss Garrett stated that she worked very hard for the Award, and she appreciates receiving the Certificate. CONSENT CALENDAR President Appezzato announced that the following agenda items would be removed from the Consent Calendar for discussion: (96 -452) Report from Community Development Director summarizing West Alameda Target Area Activities; (96 -463) Report from Community Development recommending approval of Contract designating the City of Alameda as a Sub - recipient of HOME Funds, and (96 -464). Report from Planning Director transmitting Planning Board's recommendation that the City Council accept the General Plan Housing Element Annual Report. Councilman Arnerich moved approval of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. ( *96 -454) Minutes of the Regular and Special City Council Meetings of July 16, 1996 and August 6, 1996, and Special Council Meeting of July 25, 1996. Approved. ( *96 -455) Report from City Attorney requesting authorization to convert 1/2 Intermediate Typist Clerk and 1/2 Senior Typist Clerk positions into a full -time Intermediate Typist Clerk position. Accepted. Regular Meeting Alameda City Council August 20, 1996 1 (*96-456) Report from Public Works Director recommending approval of conversion to 4-way stop controls at San Jose Avenue/Walnut Street. Accepted. (*96-457) Report from Public Works Director recommending award of contract to Harold Hutson Construction for the Minor Street Patching with Asphalt Concrete for the Fiscal Year Ending June 30, 1997, No. P.W. 04-96-05. Accepted. (*96-458) Report from Public Works Director recommending the adoption of Plans and Specifications and authorization to call for bids for Tilden Way Street Improvements, No. P.W. 07-96-11. Accepted. (*96-459) Written Communication from the Mayor and City Manager of the City of Covina requesting support for Senate Bill 1676 (Sales Tax Redistribution) amending Senate Bill 1977. Accepted. (*96-460) Resolution No 12806 "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 Dedicate a Source of Revenue for the Repayment of the Loan for Infiltration and Inflow, Phase 5, Sanitary Sewer Replacement Project, No. P.W. 08-95-15." Adopted. (*96-461) Ratified Bills in the amount of $4,443,507.86. (96-462) Report from Community Development Director summarizing West Alameda Target Area Activities. Don Bergen, Alameda, expressed opposition to the surveys distributed in the Target Area by City staff. Councilman Arnerich moved acceptance of the report. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. (96-463) Report from Community Development recommending approval of Contract designating the City of Alameda as a Sub-recipient of HOME Funds. Don Bergen, Alameda, stated that he was tired of the hyphenated- American-advocacy groups with hands outstretched. Neil Patrick Sweeney, Alameda, stated that the report provides good information, and it should be made more broadly available. Regular Meeting Alameda City Council August 20, 1996 2 241 Councilmember DeWitt moved that the City apply for affordable- housing funding for the elderly and the disabled. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. (96-464) Report from Planning Director transmitting Planning Board's recommendation that the City Council accept the General Plan Housing Element Annual Report, Eve Roberson, Alameda, submitted an information packet to Council acquired at a Home Ownership Summit Meeting held in the City of Oakland. She stated that Council should accept the staff report and recommend that home ownership for all levels of income be the primary focus. President Appezzato stated that the City is densely populated because entrepreneurs destroyed many Victorians and built apartment units thirty or forty years ago. He also noted that government- owned housing is included in the statistics. Don Bergen, Alameda, stated that he opposed the U.S. Department of Housing and Development's plan to put Section 8 housing in all neighborhoods throughout America. In response to Councilmember DeWitt, the Planning Director stated there are policies in the City's General Plan that stress home ownership; that Table II of the Staff Report identifies the degree of housing objectives and the number of units that should be produced; and there is no statement that units must be rentals or home-owner occupied. Councilmember DeWitt stated that he is convinced home ownership creates pride, provides higher levels of education in the schools and decreases crime, and that the federal government is asking communities to work with realtors and banks to develop ways to get people interested in purchasing homes. Councilmember DeWitt moved acceptance of the report. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. REGULAR AGENDA ITEMS (96-465) Resolution No. 12807 "Appointing Scott Brady as a Member of the City Historical Advisory Board." Adopted. Regular Meeting Alameda City Council August 20, 19% 3 212 Councilmember Lucas moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office to Mr. Brady. Scott Brady stated he looked forward to promoting and preserving the City. (96-466) Resolution No. 12808 "Appointing A. Baird Heffron as a Member of the City Housing and Building Code Hearing and Appeals Board." Adopted. Councilmember DeWitt moved adoption of the Resolution. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office to Mr. Heffron. Mr. Heffron thanked the Council and stated he would do his very best. (96-467) Resolution No. 12809 "Reappointing Robert Ryan as a Tenant Member of the City Housing Commission." Adopted. Councilman Arnerich moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office to Mr. Ryan. Mr. Ryan thanked the Council for his reappointment. He stated that he promised to make his vote count for those in need of subsidized housing. (96-468) Resolution No. 12810 "Appointing Judge C. Richard Bartalini as a Member of the City Housing Commission." Adopted. Councilman Arnerich moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office. Judge Bartalini thanked the City Council for the opportunity to serve on the Housing Commission. Regular Meeting Alameda City Council August 20, 1996 4 2 (96 -469) Resolution No. 12811 "Appointing Susan Jeffries as a Member of the City Housing Commission." Adopted. Councilmember Lucas moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office. Susan Jeffries stated that she was looking forward to the challenges. (96 -470) Resolution No. 12812 "Appointing Lois Reilly as a Member of the City Social Service Human Relations Board." Adopted. Councilmember Lucas moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 4. The City Clerk administered the Oath of Office. Lois Reilly thanked Mr. Reilly for his support, and Council for the opportunity to serve. (96 -471) Appeal of Transportation Advisory Committee's February 28, 1996, decision denying installation of 4 -way stop controls at Buena Vista Avenue and Versailles Avenue. Craig A. Green, Alameda, stated that children are the future of the City; the safety and security of children are important to parents; and that Council should uphold the Appeal. Councilman Arnerich moved that Council uphold the Appeal. Councilmember DeWitt seconded the motion. Under discussion, Councilman Arnerich stated he did not understand staff's position on the matter, and he is proud of the City Council's decision. On the call for the question, the motion carried by unanimous voice vote - 4. (96 -472) Council Consideration of Conflict of Interest by Michael Hellmann and Daniel Corcoran, and action thereon. (Councilmember Lucas) Rcgular Mecting Alameda City Council August 20, 1996 5 Councilmember Lucas stated that at no time has she accepted financial compensation from any of the non-profit organizations which she has served as a board member, a member, or as attorney; that there is one non-profit organization with which she has been involved for many years and all legal services were not compensated; when she has voted on issues, she has always cleared it with the City Attorney; at this point, she is not a board member of any non-profit corporation in Alameda; no member of her office was ever paid as attorney for any organization that she has served in Alameda; and that, as she understands, two members of the Mayor's Committee for the Disabled, have accepted a total compensation of $5,500 while serving on the Committee. Don Roberts, Alameda, stated the matter should not be before the City Council; that the issue should be resolved in a meeting between the Mayor and the two members of the Committee. President Appezzato stated that he met with Committee Member Corcoran, Chair Hellmann and the City Attorney before the matter was placed on the agenda by Councilmember Lucas. Michael Hellmann, Chair of the Mayor's Committee for the Disabled, stated that there were three meetings with public officials; that he had expressed any error in judgment was unintentional, and he would be careful to prevent any more mistakes; the subject of conflict of interest and ways to handle conflicts in the future was discussed at the Committee's meeting held on August 19, 1996; he wants to continue as Chair of the Mayor's Committee for the Disabled; and Council should consider the following: 1) time duration of any conflict of interest, 2) no evidence of any actual disloyalty, 3) severity be kept in perspective, and 4) agenda item before Council is not the end of disability rights in Alameda. In response to Councilman Arnerich, Mr. Hellmann stated that he was not free to discuss the matter of receiving monies from the owner of Java Rama because of a confidential settlement. In response to Councilmember Lucas, Mr. Hellmann stated that he had received the Deputy City Attorney's [Gordon Phillips'] communication dated February 28, 1995; he had read the paragraph stating, "Therefore, on the specific issues in which Mr. Hellmann represents Mr. Corcoran, Mr. Hellmann should not participate, nor attempt to influence, the Committee. Mr. Hellmann should remove himself from the dais during any discussion of those matters"; and that it was an honest mistake that he did not follow that recommendation. Regular Meeting Alameda City Council August 20, 1996 6 2 ,5 In response to Councilmember Lucas, Mr. Hellmann stated that he would refund any monies received from Java Rama and the owner of the building, if it would make [the matter] go away. In response to Councilmember Lucas, Mr. Hellmann stated that he could not confirm that Mr. Corcoran and he received a total of $5,500; terms of confidential settlements cannot be disclosed; waivers [of confidentiality] are required from all parties; and he is not agreeable to disclosing the amount, even if waivers are received from everyone. In response to President Appezzato, the City Attorney stated that she presumes what is being discussed is the settlement of a lawsuit. In response to President Appezzato, Mr. Hellmann stated that monies received were part of the lawsuit. Following Councilman Arnerich's comments, Mr. Hellmann stated that the City Attorney's Opinion states there is no financial conflict of interest and the matter goes to Common Law conflict of interest; and that money questions are not really appropriate. The City Attorney stated that the Mayor's Committee for the Disabled is an advisory committee that is not subject to the Political Reform Act; however, there are prohibitions that still exist under Common Law; that the City Council can fashion any remedy for a violation not governed by the decisions of or opinions from the Fair Political Practices Commission; if the Council thinks the amount of money is pertinent to make its decision, it certainly can inquire; and Mr. Hellmann can also choose to assert an attorney-client privilege. In response to Councilmember Lucas, Mr. Hellmann stated that he would return the money received from litigation if it would make this [matter] go away; and that he cannot speak on behalf of Mr. Corcoran without consulting with him. In response to Councilmember DeWitt, Mr. Hellmann stated that he believes anyone in a local government position has to walk a fine line, especially when it comes to the concept of conflict of interest; that you try to be heads up about it, and keep professional about the job you do; and if you do make mistakes, you own up to them and continue on with your work. President Appezzato stated that after a discussion with Mr. Hellmann a couple of weeks ago, he did not believe there was any mal-intent on Mr. Hellmann's part to intentionally create a conflict of interest. Regular Mating Alameda City Council August 20, 1996 Neil Patrick Sweeney, Alameda, stated that he admired the City for questioning things that appear to be out of order; City should not stop Mr. Hellmann or Mr. Corcoran from trying to help the disabled; and Council should advise the Committee Members to not get involved in conflict of interest matters in the future. Daniel Corcoran, Mayor's Committee for the Disabled Member, stated that he was unaware of the conflict of interest he had while participating in discussions at committee meetings; he is aware of the conflict matter now and will confer with the City Attorney if, and when, there is any doubt. Mr. Corcoran then provided background information regarding the lawsuit. Mr. Corcoran concluded his remarks by stating that, along with Mr. Hellmann, he will abide by Council's decision. Councilmember Lucas inquired if Mr. Corcoran would be willing to return any funds he received from the lawsuit. Mr. Corcoran responded that he would rather not comment on the monies received at this time; that he is confused as to what the matter is all about; and anything he has done, he did in good conscience. In response to Councilmember Lucas's inquiry regarding whether Mr. Corcoran would contact her by telephone when he made a decision regarding the money, Mr. Corcoran stated that he would like to confer with Mr. Hellmann. Councilmember Lucas responded that Mr. Corcoran could take his time, and asked him if he would let her know [of his decision]. Mr. Corcoran responded in the affirmative. Councilman Arnerich explained Mr. Hellmann's position on the monies and asked Mr. Corcoran if he, too, would agree to return the monies. Mr. Corcoran responded in the affirmative. He stated he loves the City of Alameda and wants to help the disabled. President Appezzato stated that following a meeting held previously, both gentlemen indicated they understood the mistake made; that it takes big people to stand up and admit their mistakes; and he compliments them both. President Appezzato further stated that he requested the City Attorney to put together a process on how the Committee will function in the future. Regular Meeting Alameda City Council August 20, 1996 247 Ed Cooney, Member of the Mayor's Committee for the Disabled, stated that he chaired the subcommittee which looked into said matter prior to the filing of the lawsuit, and he has yet to be contacted by anyone; that Committee members do not believe the matter brought to Council's attention is a product of contrived malice on the part of Mr. Corcoran and Mr. Hellmann, but rather a result of ambiguities in the legal and political process; and that he earnestly asks Council to adjudicate this matter in the broadest possible way. Noel Folsom, Alameda, stated that the matter should not be considered in a public forum. The City Attorney stated that the matter could not be addressed at a Closed Session, because it did not fall within one of the exceptions to the Brown Act; and that Councilmember Lucas was so informed. Councilmember Lucas stated that she would be satisfied if the two members involved in the lawsuit return any funds received to the owner of Java Rama and the owner of the building within 20 days; that the matter would be dropped; and she would like to make that into a motion. Councilman Arnerich seconded the motion. Under discussion, Councilman Arnerich stated, for the record, that there was no malice by Council; a Councilmember agendized the matter and had that right; and it is Council's responsibility to check into anything which affects the City. Councilmember DeWitt stated that the Committee needs procedures that can be worked with; Mayor should look at the regulations; and the matter placed back into his hands. President Appezzato stated that the public hearing is enough embarrassment and punishment for those two individuals; that they were courageous to come forward and admit their mistakes; it is not his intent to remove them from the Committee; and that he will abstain from the vote because he is not sure of the proper legal procedure, and he will not violate client- attorney Court Order privileges. Councilman Arnerich stated that if either of the two Committee members renege on their promise to return the monies, he will request the Mayor to remove them. Regular Meeting Alameda City Council August 20, 1996 9 The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, and Lucas - 3. Noes: None. Abstentions - President Appezzato - 1. Absent: Vice Mayor Mannix - 1. * * * Council recessed at 9:10 p.m. and reconvened at 9:30 p.m. * * * (96-473) Report from Community Development Director recommending authorization to prepare a Request For Proposals for Feasibility Study on purchase of Bridgeport Apartments and Conversion to condominiums. Earl Peacock, Alameda, stated there is no reason for the City to take over the property. Greg Alves, Alameda, distributed material to Council on the "National Partners in Home Ownership" Program; he stated that he believes City staff could split the property into 10 to 12 smaller parcels, while Bank of America maintains the ownership; and that the Bank of America could then sell the more marketable complexes to housing developers. Barbara Kerr, Alameda, stated she would like to hear more about the one offer by a private developer to demolish buildings, and how the City could attract more similar offers. Don Roberts, Alameda, stated that the whole proposed concept should be rejected outright. Councilman Arnerich stated he is not happy with the prospect of the City getting involved with the Bridgeport Apartments; that the City would be faced with litigation after litigation. Councilmember Lucas stated that the report clearly shows the project will not pay for itself; she agrees with Councilman Arnerich that private businesses should be looked into; she likes the buyer who is interested in demolishing the units and building new ones for sale, and details should be provided to Council; and perhaps staff could provide a report on whether Mr. Alves' proposal makes sense. Councilmember DeWitt stated he believes that the City needs to allow private industry to move in and see what they can do with the Bank; that Mr. Alves' proposal depends upon what the Bank of America wants to do; City can agree to help subdivide, but the Bank Regular Meeting Alameda City Council August 20, 1996 10 needs to come up the solutions; and he would like to move that the Council receive the report. Councilmember Lucas seconded the motion. Under discussion, President Appezzato stated that there are major liability and financial feasibility risks with this project; that lawsuits would probably be more than the property; condominium conversion would require a change in the City's ordinance; that relocation costs would be involved; and he is not sure the City wants to get involved at this point. Councilmember DeWitt stated that his motion is for Council to accept the report, not the staff recommendations. President Appezzato stated that staff should continue to work with individuals who are interested in developing, managing, or upgrading the property. On the call for the question, the motion carried by unanimous voice vote - 4. (96-474) Report from Public Works Director recommending allocation of Construction Improvement Tax Funds for Proposed CIP 96-28 Landscape Improvements for West End Alameda Entryway and CIP 95-25 Alameda Naval Air Station Parcels 132 and 144. Councilmember Lucas moved acceptance of the report and recommendation. Councilman Arnerich seconded the motion. In response to Councilmember DeWitt, the Assistant City Manager explained financing of said projects. On the call for the question, the motion carried by unanimous voice vote - 4. (96-475) Resolution No. 12813 "Confirming Special Assessment of Boarded Building and Vacant Parcel Monitoring Fee Against Various Properties." Adopted. Councilman Arnerich moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 4. ORAL COMMUNICATIONS Regular Meeting Alameda City Council August 20, 19% 11 250 (96 -476) Neil Patrick Sweeney, Alameda, stated that the San Francisco Bay Area's economy needs help, and suggested ways to increase revenues. (96 -477) Don Roberts, Alameda, stated he did not receive a response to his letter, dated July 12th, to the Public Works Director; and that he had requested said letter to be placed on the City Council agenda in August, if the Public Works Director rejected his request. President Appezzato advised Mr. Roberts to address his letter to the City Council, so it can be agendized as a Written Communication. (96 -478) Don Roberts, Alameda, stated years ago there was a disservice to Councilman Arnerich; that Mr. Arnerich was the third highest vote getter in the election, however, Richard Roth was appointed Vice Mayor; and he suggests Council appoint Councilman Arnerich as Vice Mayor for the remainder of Vice Mayor Mannix's term. (96 -479) Don Bergen, Alameda, provided Councilmember Lucas with a copy of an August 8th article in the Alameda Times Star on the BFI Bike Bridge. (96 -480) Don Bergen, Alameda, stated that he opposed the State's proposal regarding pollution credits and reformulated gasoline. (96 -481) John Denning, resident of the State of Maryland and Castro Valley, California, nephew of Susan McCormack, stated that he found the name of the architect and footprint of the Webster House. President Appezzato stated that Mr. Denning will be receiving a Certificate of Recognition. COUNCIL COMMUNICATIONS (Communications from Council) (96 -482) Councilmember DeWitt requested a proclamation honoring local supporters of the World Baseball League Tournaments. (96 -483) Consideration of Mayor's nomination for appointment to the City Housing and Building Code Hearing and Appeals Board. President Appezzato nominated Frederick A Chew, Jr. for appointment to the Board. (96 -484) Mayor's appointments (5) to the Committee To Review Recycling Proposals. Regular Meeting Alameda City Council August 20, 1996 12 President Appezzato appointed Robert Wood, Ruth Abbe, Sebastian Baldassarre, Remo Sabatini and John Piziali to the Committee. Ruth Abbe stated that Council input is desired on the following: a time frame for the Committee, service levels [for recycling], types of services, cost, preference for a minority-owned or locally- owned business, etcetera. Ms. Abbe suggested that a joint work session with Council be considered and Councilmembers attend Committee meetings. President Appezzato stated that the Committee should begin work now; that due to the size of the contract and number of companies competing, there should be no perception of unfairness; he hopes the Public Works Department is already putting the framework together and assigned a staff person; and the first committee meeting should be called posthaste. President Appezzato suggested that the Committee, at its first meeting, address concerns and report back to Council. ADJOURNMENT President Appezzato adjourned the meeting at 10:25 p.m. * * * Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Regular Meeting Alameda City Council August 20, 1996 13