2000-02-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - FEBRUARY 15, 2000 - - 7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 8:04 p.m.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
(00 -78) A resolution recognizing Mr. J.C. Shirriel [paragraph no.
00 -80] was adopted following the presentation of a Certificate of
Service recognizing J.C. Shirriel [paragraph no. 00 -791.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(00 -79) Presentation of Certificate of Service to the Shirriel
Family recognizing the years of service of J.C. Shirriel on the
Recreation and Park Commission.
Mayor Appezzato presented the Certificate to Mrs. Shirriel and
family.
REGULAR AGENDA ITEM
(00 -80) Resolution No. 13180, "Recognizing J.C. Shirriel's
Contributions to the Community." Adopted.
Councilmember Johnson moved adoption of the Resolution.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
Mayor Appezzato read and presented the Resolution to the Shirriel
Family.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(00 -81) Proclamation commending Bill Osborne for his over 50
years of service in the art of Model Airplane Building and Flying,
and proclaiming Tuesday, February 15, 2000, as "Bill Osborne Day"
in recognition of his significant contributions to our citizens.
Mayor Appezzato read the Proclamation and presented it to Mr.
Osborne.
Regular Meeting 1
Alameda City Council
February 15, 2000
Mr. Osborne provided a history of the Model Airplane Club and
Flying Field; thanked its supporters.
(00 -82) Presentation by the American Cancer Society on
Proposition 28 (Repeal of Proposition 10 Tobacco Surtax).
Robert Cornbach, Field Services Manager, American Cancer Society,
submitted a "No on 28" pamphlet; outlined the importance of the
Tobacco Surtax; urged Council to oppose Proposition 28.
Tom Pavletic, Alameda, stated Council should support the
Proposition; smokers are a minority group and should be defended; a
majority of voters are taxing a minority on sale of a legal
product; elimination of funding does not destroy State Commissions;
tobacco companies are not paying the tax, California citizens are;
the [U.S.] Constitution was designed specifically to prevent
taxation by the majority.
(00 -83) Mayor Appezzato announced that the Alameda County Mayors'
Conference has a steering committee which recently voted to set the
program for the Reauthorization of Measure B; stated there will be
a presentation before the City Council in the near future on the
attempt to Reauthorize Measure B, the half -cent sales tax approved
by the voters in 1986; all the money will go to transportation;
Alameda will receive: over $11 Million for ferries; $6 Million to
study the I880- Jackson Street Interchange, which will improve
access to and from Alameda through the Posey and Wesbter Street
tubes; almost $9 Million for draw bridges; and $20 Million for
Alameda streets; further stated a great deal of money will go to AC
Transit and paratransit; the Alameda County Transportation
Authority will place Measure [Reauthorization] on the November 2000
Ballot.
CONSENT CALENDAR
Mayor Appezzato announced that the resolution on Otis /Westline
Traffic Calming [paragraph no. 00 -941 was removed from the Consent
Calender for discussion.
Councilmember Johnson moved approval of the remainder of the
Consent Calender.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
[Note: Mayor Appezzato abstained from voting on the Minutes
(paragraph no. 00 -84).]
Regular Meeting 2
Alameda City Council
February 15, 2000
( *00 -84) Minutes of the Special Joint City Council and Community
Improvement Commission Meeting and the Regular City Council Meeting
held on February 1, 2000. Approved.
Abstention: Mayor Appezzato - 1.
( *00 -85) Recommendation to accept Quarterly Financial Report for
period ending December 31, 1999, including Midyear Adjustments.
Accepted.
( *00 -86) Recommendation to accept Quarterly Investment Report for
period ending December 31, 1999. Accepted.
( *00 -87) Recommendation to accept Quarterly Sales Tax Report for
period ending December 31, 1999, for Sales Transactions in the
Third Calendar Quarter. Accepted.
( *00 -88) Recommendation to authorize upgrade of an existing part -
time Position to a full -time Development Specialist Position for
the Housing Development Division and approve Mid -Year Budget
Adjustment. Accepted.
( *00 -89) Recommendation to adopt Plans and Specifications and
authorize calling for Bids for Main Street Ferry Terminal Overflow
Parking Lot, No. P.W. 09- 99 -23. Accepted.
( *00 -90) Recommendation to adopt Plans and Specifications and
authorize calling for bids for Main Street Improvements and
Greenway Project, No. P.W. 05- 98 -09. Accepted.
( *00 -91) Recommendation to authorize installation of an All -Way
Stop Control at the intersection of Shore Line Drive and Willow
Street. Accepted.
( *00 -92) Recommendation to authorize installation of an All -Way
Stop Control at the intersection of Central Avenue and Willow
Street. Accepted.
( *00 -93) Resolution No. 13181, "Authorizing the Filing of an
Application for Federal Surface Transportation Program and
Congestion Mitigation and Air Quality Improvement Program Funding
for MV Encinal Ferry Vessel Refurbish & ADA Upgrade and Committing
the Necessary Local Match for the Project and Stating the Assurance
of the City of Alameda to Complete the Project." Adopted.
(00 -94) Resolution No. 13182,
Application
"Authorizing the Filing of an
for Federal Surface Transportation Program and
Regular Meeting 3
Alameda City Council
February 15, 2000
Congestion Mitigation and Air Quality Improvement Program Funding
for Otis /Westline Traffic Calming and Committing the Necessary
Local Match for the Project and Stating the Assurance of the City
of Alameda to Complete The Project." Adopted.
Councilmember Kerr stated the traffic calming resolution states:
"...the assurance of the sponsor, which is the City, to complete
the project is described in the application "; there is not a
detailed description of the project; there have not been any
hearings involving the people in the neighborhood who use the
intersection; inquired whether adoption of the resolution precludes
the City from having Public Hearings and adjusting the Project to
suit needs identified by those who use the street.
The Public Works Director stated the Council action does not
preclude Public Hearings or a public workshop; staff intends to
involve the public and is proposing something similar to signs
which were posted at the 8th Street couplet; more specific language
will be drafted.
Councilmember Kerr requested the Public Works Director to confirm
that the design is not set in cement tonight, to which the Public
Works Director responded in the affirmative.
Councilmember Kerr moved adoption of the Resolution.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Johnson stated this is an excellent
opportunity to get funds from outside the City.
On the call for the question, the motion carried by unanimous voice
vote - 5.
( *00 -95) Resolution No. 13183, "Authorizing the Filing of an
Application for Federal Surface Transportation Program and
Congestion Mitigation and Air Quality Improvement Program Funding
for Citywide Pavement Rehab and Overlay, 2000 -01 and Committing the
Necessary Local Match for the Project and Stating the Assurance of
the City of Alameda to Complete The Project." Adopted.
( *00 -96) Resolution No. 13184, "Identifying $375,000 in Local
Match Guarantee for the $4.75 Million State Grants for the
Alameda /Oakland Ferry Vessel Purchase." Adopted.
( *00 -97) Ratified bills in the amount of $ 3,041,677.15.
* **
Regular Meeting 4
Alameda City Council
February 15, 2000
Mayor Appezzato called a recess at 8:35 p.m. and reconvened the
Regular Meeting at 8:40 p.m.
REGULAR AGENDA ITEMS
(00 -98) Introduction of Ordinance Approving and Authorizing 1) an
Agreement Between the City of Alameda and the Port of Oakland
Transferring Real Property and Other Consideration Between the
Parties, and 2) a Related Limited Party Agreement Between the City
of Alameda, the Port of Oakland, Bay Ship & Yacht Company, and
Alameda Gateway Inc.; and
(00 -98A) Resolution No. 13185, "Making Findings Regarding the
Mitigation of Potentially Significant Environmental Impacts and
Overriding Considerations for the Proposed Agreement Between the
City of Alameda and the Port of Oakland Regarding the Oakland
Harbor Navigation Improvement ( -50) Project and Limited Party
Agreement." Adopted.
Mayor Appezzato announced that Len Cardoza from the Port of Oakland
was present to answer any questions.
Councilmember Kerr thanked staff for bringing the final agreement
to Council; stated when negotiations with the Port of Oakland
began, the Port basically stated it would be coming through and the
City does not count; after the City threatened a lawsuit, the Port
finally entered into discussion with the City; the Port conceded to
pay for any demolition; originally, the Port was going to make the
City pay [for demolition]; the Port of Oakland had a tremendous
turnaround; further stated the Agreement contains a couple of pages
addressing how the price of the land will be determined; it is a
reliable, well- established appraisal process; if possible, staff
should try to go through the appraisal process and nail down a
price prior to the matter returning at a Community Improvement
Commission Meeting.
Councilmember DeWitt stated negotiations with the Port for the
turning basin area were complicated, detailed and expensive; the
City Council watched the matter closely; the Agreement indicates
that the amount of money the City will receive for the land has not
been finalized because the Port does not know how much land it will
need; if the matter can be addressed, everything would be resolved.
Councilmember Johnson stated the matter has been contentious; a
turning point has been reached; the resolution is very good; there
are benefits to the City; Bay Ship & Yacht will be protected;
Alameda is getting a lot from the deal due to efforts of staff.
Regular Meeting 5
Alameda City Council
February 15, 2000
Mayor Appezzato stated the City is taking a monumental step;
complimented the Port of Oakland for reaching an Agreement; stated
Alameda is surrounded by Oakland and the Port; the City is dealing
with the Port of Oakland over the [Oakland] Airport; thanked City
of Alameda staff, City of Oakland staff and Mayor, and Port staff;
stated the Army Corps of Engineers can charge the community
navigable servitude by federal law; however, the City will not be
subject to navigable servitude; the Port will assume all costs in
the waterway; the Port will fairly compensate the City for all land
at fair market value; if fair market value cannot be decided upon,
arbitration will be used; the Port will need one acre of land and
possibly two- to three acres while work on the turnaround basin is
completed; the Port will reconstruct the bulk head on the Fleet
Industrial Supply Center (FISC) property and will build a concrete
apron to be used as a future promenade on the FISC site; the Port
will relocate, as necessary, and improve facilities for Bay Ship &
Yacht; Bay Ship & Yacht supports the Agreement; if necessary, the
Port will pay for relocation of the Ferry Terminal; if the Ferry
Terminal is relocated, the City will have design review and there
will be minimal disruption to Ferry service; Alameda Power &
Telecom will provide power for the dredging project which will
generate electrical income; there will be quarterly monitoring of
the shoreline for stability; relocation of the Alameda Point sewage
line will be accomplished by the Port; there will be historic
preservation of facilities; for the golfers, the Port and the City
will negotiate 1.8 cubic yards of clean dredge materials;
hopefully, said materials will be used to contour the links -style
golf course that will be built at Alameda Point; there are benefits
to the City, Port, and Bay Ship & Yacht, and economic gains for the
whole Bay Area; complimented everyone involved; requested the City
Attorney to confirm that there is sufficient language to protect
the City's future, if final appraisal value cannot be reached.
The City Attorney responded in the affirmative.
Mayor Appezzato further stated that after the second reading, there
will be a signing ceremony with the Port of Oakland on a ship in
the middle of the estuary; major accomplishments deserve
recognition.
The City Manager thanked Chuck Foster and Len Cardoza from the Port
of Oakland and City staff members: David Brandt, David Berger, Matt
Naclerio and Cheri Sheets; stated the Port and the City spent a lot
of time working through the difficult matter and were able to
successfully address issues.
Councilmember Johnson moved Introduction of Ordinance and adoption
Regular Meeting 6
Alameda City Council
February 15, 2000
of the Resolution.
Under discussion, Councilmember Johnson stated the dredge materials
for the golf course are an important issue; the City will get money
for taking dredge materials which will help fund operations if the
City establishes a golf complex at Alameda Point; further stated
the Agreement is monumental.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5.
(00 -99) Resolution No. 13186, "Approving and Authorizing a
Nondisturbance and Attornment Agreement Between the City of Alameda
and the Bay Ship & Yacht Company." Adopted.
Mayor Appezzato stated adoption
deal with the Port of Oakland
[paragraph no. 00 -981.
of the Resolution relates to the
which was discussed previously
Councilmember Johnson moved adoption of the Resolution.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5.
(00 -100) Ordinance No. 2823, "Approving and Authorizing the
Acceptance of Permanent Utility and Temporary Construction
Easements from the U.S. Navy, as Grantor, and the City of Alameda,
as Grantee, for the Naval Air Station Alameda Replacement
Wastewater Interceptor System Project." Finally passed.
Councilmember DeWitt moved final passage of the Ordinance.
Vice Mayor Daysog seconded the motion, which carried by unanimous
voice vote - 5.
(00 -101) Ordinance No. 2824, "Amending the Alameda Municipal Code
by Amending Chapter XIII (Building and Housing) by Adding a New
Section 13 -56 (Excavation Into the Marsh Crust /Subtidal Zone at the
Former Naval Air Station Alameda and Fleet Industrial Supply
Center, Alameda Annex and Facility) to Article XVII (Pits, Wells
and Excavations)." Finally passed.
Eve Bach, Alameda, stated a letter was submitted expressing
substantive concerns; the site has not been properly characterized;
institutional control is premature; the Navy has not characterized
the site; people will have the burden of living with the ordinance;
in effect, the Navy has passed on its cleanup costs, e.g.
completing sampling has been passed onto the City; the process is
Regular Meeting 7
Alameda City Council
February 15, 2000
of concern; the only group which reviewed the matter was the
Restoration Advisory Board (RAB) ; RAB raised serious concerns to
Council when the ordinance was introduced; concerns have been
pushed aside; extra time to address concerns leads to stronger
ordinances; pushing the matter through without understanding the
ordinance's implications is a mistake; urged Council to take a
second look.
Mayor Appezzato inquired whether any costs had been passed onto the
City, to which the City Attorney responded in the negative.
Councilmember Johnson moved final passage of the Ordinance.
Councilmember DeWitt seconded the motion.
Under discussion, Councilmember DeWitt stated staff is working to
address concerns; the Record of Decision and other documents which
close the deal have not been signed; environmental problems at the
Base [Alameda Point] are being addressed.
Councilmember Johnson stated the City will have to deal with
environmental issues on properties at the Base; adopting the
ordinance clarifies that the City is not relieving the Navy or
Federal Government of any liability; the City is not assuming any
liability it does not have currently; the City must move forward
with necessary step [adoption of ordinance] to redevelop the Base.
Councilmember Kerr stated the City's liability will not be
increased; contamination from the fill and what the Navy put into
the fill is a serious concern; testing has not stopped; exploration
will continue and the City will find out as much as possible before
anybody puts a shovel to land.
Mayor Appezzato stated the City Council does not want to
intentionally put anyone at risk and will do everything necessary
to ensure the development proceeds in a competent, professional
manner.
On the call for the question, the motion carried by unanimous voice
vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
None.
COUNCIL COMMUNICATIONS
None.
Regular Meeting 8
Alameda City Council
February 15, 2000
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular City Council Meeting at 9:06 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The Agenda for this meeting was posted in accordance with the Brown
Act.
Council Action and Staff
Responsibility Report for the 9
Regular Council Meeting
February 15, 2000