1999-05-18 Joint CC/CIC and Special and Regular CC MinutesMINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
COMMUNITY IMPROVEMENT COMMISSION MEETING
TUESDAY- -MAY 18, 1999- -6:45 P.M.
Mayor/Chair Appezzato convened the Special Joint Meeting at 6:55
p.m.
Roll Call -
Present: Councilmembers/Commissioners Daysog,
DeWitt, Johnson, Kerr and Mayor/Chair
Appezzato - 5.
Absent: None.
The Special Joint Meeting was adjourned to Closed Session to
consider:
(CC/99-231) Conference with Real Property Negotiator; Property:
(CIC/99-20) Fleet Industrial Supply Center; Negotiating
Parties: City of Alameda, Community Improvement
Commission and Port of Oakland; Under Negotiation:
Terms and Conditions.
Following the Closed Session the Meeting was reconvened and
Mayor/Chair Appezzato announced that instructions were given to
real property negotiators.
Adjournment
There being no further business, Mayor/Chair Appezzato adjourned
the Special Joint Meeting at 7:25 p.m.
pectfully submitted,
D ane B. Felsch, CMC
City Clerk;
Secretary, Community Improvement
Commission
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint Meeting
Alameda City Council and
Community Improvement Commission
May 18, 1999
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 18, 1999- -7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 7:56 p.m.
ROLL CALL -
Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(99-234) Proclamation declaring the week of June 6, 1999
"Affordable Housing Week".
Mayor Appezzato read the Proclamation and presented it to Molly
McKay, City of Alameda Housing Authority, Sam Strung, Midway
Shelter, John Brauer, and Chris Becker.
CONSENT CALENDAR
Mayor Appezzato announced that the recommendation to support AB 222
[paragraph no. 99-236], the recommendation to authorize
installation of stop signs [paragraph no. 99-238], and the
Resolution of Intention to Levy Annual Assessment [paragraph no.
99-240] were removed from the Consent Calendar for discussion.
Vice Mayor Daysog moved approval of the remainder of the Consent
Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(*99-235) Minutes of the Regular City Council Meeting held on May
4, 1999. Approved.
(99-236) Recommendation to support AB 222 to bar discrimination on
the basis of sex, ethnic group identification, race, national
origin, color, mental or physical disability, or sexual
orientation.
Proponents
Lois Workman, Alameda;
Berry Bingham, AUSD School Board;
Jack Buckley, Alameda;
Regular Meeting
Alameda City Council
May 18, 1999
Allan Shore, Alameda;
Debra Arbuckle, Alameda;
Molly McKay; and
Morten Wellhaven, Alameda.
Opponents
Bob Wilson;
Martin Glasenapp, Alameda;
Emerald Wilson, Alameda;
Kimberly Wilson, Alameda;
Camille Rau, Alameda;
Jim Hasak, Alameda;
Lowell Holcomb, Alameda;
Carol Knight, Alameda;
Timothy Fackler;
Carolyn Shelby, Alameda;
Len Grzanka, Alameda;
Carolyn Asleson, Alameda County Conservative Exchange;
Edward Asancian, Alameda;
Veronica Acosta, Alameda; and
Charity Wu, Alameda.
Vice Mayor Daysog stated there are myths about the issue of sexual
orientation; the issue is not private, it is in the public arena;
the environment in schools should be fair and allow individuals to
realize their potential; thanked the Mayor for bringing the matter
to the attention of the Council.
Councilmember Johnson stated Council is not promoting any type of
sexual orientation, rather Council is considering support of
legislation which will protect children from being attacked or
harassed in schools based on sexual orientation; sexual orientation
is being added to the anti-discrimination list; schools should be
a safe place for all children; supporting the Bill does not attack
any group of people; AB 222 is designed to protect children.
Councilmember DeWitt stated AB 222 is to protect persons being
discriminated against; 1964 laws prohibiting discrimination against
blacks provided for judicial review for people discriminated
against; the proposed Bill allows a person to sue if discriminated
against; Council has jurisdiction over the matter because people
commit violence and crimes against people in Alameda; that he
supports the recommendation to write a letter; the Bill offers
another avenue to protect kids.
Councilmember Kerr stated AB 222 adds heterosexuality, as well as
homosexuality, to the protected class; school districts are not
protecting kids; protection of kids should not have to be
legislated; nothing in the Bill encourages changing instructional
materials; existing law prohibits instructional materials which may
reflect adversely upon discriminated groups; teaching material
Regular Meeting
Alameda City Council
May 18, 1999
should not be restricted; bad examples of discrimination in
literature can be used to teach children; history contains
unfortunate incidents which should not be ignored; AB 222 is
another attempt to take care of kids.
Vice Mayor Daysog moved approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(*99-237) Recommendation to approve execution of Agreement between
City of Alameda and Motorola Inc. and Agreement between City of
Alameda and County of Alameda Communications to upgrade the City-
wide Radio Communications System; and
(*99-237A) Resolution No. 13103, "Authorizing Open Market Purchase
of City-wide Radio Communications System Upgrade from Motorola,
Inc. Pursuant to Section 3-15 of the Alameda City Charter."
Adopted.
(99-238) Recommendation to authorize installation of Two-Way Stop
Signs on Washington Street at Court Street and Four-Way Stop Signs
at Court Street and 'Fillmore Street.
Vice Mayor Daysog stated that he was contacted by Franklin School
parents; said group has a similar request for installation of stop
signs at the corner of San Antonio Avenue and Paru Street;
requested staff to review said intersection; further stated the
School District should be contacted to determine whether other
schools would like similar stop signs; maybe the matter should be
referred back to the Traffic Advisory Committee [TAC].
Mayor Appezzato requested said matter be referred to TAC.
Vice Mayor Daysog moved approval of the staff recommendation.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5
(*99-239) Recommendation to adopt Plans and Specifications and
authorize calling for bids for Infiltration and Inflow Phase 7
Sanitary Sewer Replacements Project, No. P.W. 11-98-27. Accepted.
(99-240) Resolution No. 13104, "Resolution of Intention to Levy an
Annual Assessment on the Alameda Business Improvement Area of the
City of Alameda for FY 1999-2000 and to Expand the Boundaries of
the Area, and to Set a Public Hearing for June 15, 1999." Adopted.
Iry Hamilton, West Alameda Business Association [WABA], stated the
WABA Board supports the inclusion of Mariner Square and Marina
Village, along with Webster Street, in the West Alameda Business
Regular Meeting
Alameda City Council
May 18, 1999
Improvement Area [BIA]; the adjacency of the three areas should be
considered; there are business linkages between the areas; there
are common concerns, e.g. tube closure, business development
opportunities could be pursued more aggressively through a unified
business district, e.g. Base reuse, attracting new, quality
retailers, and an electric shuttle linking the areas; all business
which will be affected will be invited to a June 10th public
information meeting WABA is planning; the merchants and businesses
in the area should decide [whether the three areas should be
combined].
Kent Rosenblum, President, WABA, stated WABA's long term vision is
West Alameda not be only Webster Street; the various segments
should come together; expanding the BIA into Marina Village and
Mariner Square is an important step; WABA further suggests all the
business associations should be aligned to have business and
manufacturing represented in Alameda.
Mayor Appezzato stated the Economic Development Commission [EDC]
will be reviewing a strategic economic plan; the EDC should review
collaboration of the business associations.
Councilmember Kerr inquired why streets which are entirely
residential are included in the district [Business Improvement
Area].
The Acting City Manager responded businesses in residential areas
are required to have business licenses; stated residences which are
not operating businesses from the home will not be included [in the
assessment].
In response to Councilmember Kerr's further inquiry whether single -
family dwelling units or tenants would pay the assessment, the
Acting City Manager stated that he understands they do not pay and
matter could be clarified before the Public Hearing on June 15,
1999.
Mayor Appezzato stated the assessment is imposed only upon
business; however, the Acting City Manager should obtain
clarification.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote 5
( *99 -241) Resolution No 13105, "To Preliminarily Approve Annual
Report Declaring Intention to Order Levy and Collection of
Assessments and Providing for Notice of July 6, 1999 Hearing
Thereof, Island City Landscaping and Lighting District 84 -2."
Adopted.
Regular Meeting
Alameda City Council
May 18, 1999
( *99 -242) Resolution No. 13106, "Establishing Disadvantaged
Business Enterprise Program Goals for Fiscal Year July 1, 1999
through June 30, 2000." Adopted.
( *99 -243) Resolution No. 13107, "Approving a Preferential Parking
Permit Program on Central Avenue Between Walnut Street and Oak
Street and on the West Side of Oak Street from Central Avenue to
Alameda Avenue for Alameda Unified School District." Adopted.
( *99 -244) Ratified bills in the amount of $1,603,236.82.
* **
Mayor Appezzato called a recess at 9:15 p.m. and reconvened the
Meeting at 9 :21 p.m.
* **
REGULAR AGENDA ITEMS
(99 -245) Recommendation to authorize the City Manager to negotiate
and execute an Agreement with the County of Alameda to continue
Advanced Life Support discussions and authorize payment of $355,000
in Trauma Fees for the Fiscal Year ending June 30, 1999.
Councilmember Kerr complimented staff on the report; and moved
approval of the staff recommendation.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(99 -246) Recommendation to broaden the Transportation Advisory
Committees responsibilities and form a temporary committee to
develop a City -wide Transit Plan.
Steven Gerstle, Alameda City Transportation Coalition, stated the
Coalition is composed of the Bus Riders Union, the Green Party and
the Sierra Club; the organizations have been meeting for
several months to work toward better public transit service in
Alameda; there is wide - spread public support for improved transit
in the community; the organization would like to be represented on
the [proposed, temporary] committee.
Allan Shore, Alameda, stated it is good Alameda is doing something
about the 'issue; however, more action needs be taken regarding
transportation; the proposal is not the best Alameda can
accomplish; Alameda Point should be used to obtain additional
money, Alameda could be used as a model for the Nation due to its
central location in an important metropolitan area; combining the
proposed committee with the [Transportation Advisory] Committee,
which determines the placement of stop signs, is not serious
Regular Meeting
Alameda City Council
May 18, 1999
enough; there should be an incentive beyond creating a Transit
Plan; the community should be involved with legislation regarding
transportation funding, e.g. Measure B Reauthorization; if a
committee which does not have stature establishes a Transportation
Plan, it might not be effective; suggested an Economic Development
Commission subcommittee be formed to address the matter.
Mayor Appezzato stated all committees are important; that he sits
on the Metropolitan Transportation Commission and the steering
committee for Measure B; Alameda County Transportation Authority is
tentatively scheduled to make a presentation regarding Measure B at
the June 15th City Council Meeting.
Richard Neveln, Alameda, stated the City of Alameda deserves more
public transit funding; a stronger voice will assist with obtaining
funding; there should be a more comprehensive committee; formation
of the temporary committee and expansion of the Transportation
Advisory Committee (TAC) is a beginning; there might be thousands
of visitors to the USS Hornet; City services should be increased;
the public transit committee is an important first step.
Mayor Appezzato stated a 2/3 vote of the people is required to
raise revenues; Measure B will require 2/3 vote to be continued for
another 15 years; everyone must support the reauthorization of
Measure B or there will be reductions in public transit service;
Measure B funds AC Transit, BART, the ferries, bridges, and road
maintenance; if Measure B does not pass, there will be a traffic
problem beyond recognition by the year 2002.
Alice Creason, Board of Directors, AC Transit, stated AC Transit
will work with the City, e.g. to change routes; however, there are
limited resources; AC Transit cannot provide the service needed on
weekends and evenings; as communities develop, there is not
flexibility to put in services; there have been changes in Alameda;
it is important to allocate resources where they will be used;
Measure B 1/2 cent sales tax means a great deal to AC Transit; more
needs could be filled with shopper shuttles, express buses; AC
Transit will work with the City in the capacity desired by the
City.
Councilmember Johnson thanked Ms. Creason for working with the
School District Superintendent and her [Councilmember Johnson] to
plan bus services for students at Lincoln School, Alameda High
School and Encinal High School, and perhaps St. Philips and St.
Joseph.
Ms. Creason stated there are a few more hoops to jump through
before the matter [bus routes to schools] is finalized, e.g. AC
Transit Public Hearings and economic issues.
Mayor Appezzato suggested establishment of a subcommittee of two
Regular Meeting
Alameda City Council
May 18, 1999
J47
councilmembers working with Alice Creason, selected members of the
TAC and maybe the EDC to decide how to proceed; stated starting
with a subcommittee of two councilmembers would offer a great deal
of credibility; the two councilmembers could advise the entire
Council on how to proceed, e.g. form new committee, subcommittee or
expand TAC.
Vice Mayor Daysog suggested Councilmembers Johnson and DeWitt serve
on a subcommittee; requested Staff Report Option 5: Establishment
of a North County Transit Forum, be pursued; suggested the body
formed could review formation of the Transit Forum.
Councilmember Johnson stated that she would allow Vice Mayor Daysog
to have her seat on the subcommittee.
Vice Mayor Daysog declined.
Mayor Appezzato stated a Northern County Transit Forum might
already exist; the Congestion Management Agency has a planning area
which includes each of 14 cities.
Vice Mayor Daysog stated Option 5 refers to establishment of a
semi-regional approach to transit planning, e.g. working with other
cities, AC Transit and BART.
Councilmember Kerr stated formation of a subcommittee is Staff
Report Option 2; that she agrees Councilmembers DeWitt and Johnson
sould serve on the subcommitee; the subcommittee should have
representatives from the Transportation Management Association and
the new transportation organization [Alameda City Transportation
Coalition].
Mayor Appezzato stated there are new initiatives for livability
which include transit-friendly communities; grants might be
available.
Councilmember DeWitt stated that Councilmember Kerr could serve on
the subcommittee in his place.
Councilmember Kerr stated Councilmember DeWitt promoted the matter;
and declined serving on the subcommittee.
Councilmember Kerr moved approval of Option 2 of the staff
recommendation: "the establishment of a Transportation Advisory
Committee Subcommittee;" and, in addition, that the subcommittees
membership be composed of Councilmembers DeWitt and Johnson, a
member of the Alameda Transportation Management Association, and a
member of the City Transportation Coalition, initially.
Mayor Appezzato stated the Deputy Public Works Director should
ensure the matter moves forward; stated there is a motion for
Regular Meeting
Alameda City Council
May 18, 1999
148
Option 2 with additions to the subcommittee.
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember DeWitt inquired whether the two
Councilmembers on the [TAC] subcommittee would be a part of the
permanent Committee.
Councilmember Kerr responded the [TAC] subcommittee would be a
temporary body.
Mayor Appezzato stated the subcommittee should inform Council on
how to proceed, e.g. if there is a better way to address a City-
wide Transit Plan.
The City Attorney inquired whether the subcommittee should be
formed without modifying the Municipal Code.
Mayor Appezzato responded the Code should not be modified.
Councilmember Kerr inquired whether the subcommittee could be
considered an ad hoc committee, to which the City Attorney
responded it could be a single-issue ad hoc subcommittee.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(99-247) Ordinance No. 2798, "Amending the Alameda Municipal Code
by Amending Subsection 23-1.3 (Riding of Bicycles, Skateboards and
Skates in Parks, Etc. Prohibited) of Section 23-1 (Parks and
Squares), Chapter XXIII (Parks, Recreation Areas and Public
Property) Requiring the Use of Safety Helmets, Elbow Pads and Knee
Pads." Finally passed.
Councilmember Kerr moved final passage of the Ordinance.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote- 5.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL COMMUNICATIONS
(99-248) Vice Mayor Daysog stated local media has mentioned the
Environmental Protection Agency's stance on dioxin, the Public
Works Department provided a memo regarding said matter; requested
the matter be placed on a City Council agenda, particularly
addressing resolutions passed by other local agencies which
recommend how to deal with dioxin.
Regular Meetir.g
Alameda City Council
May 18, 1999
•149
(99-249) Vice Mayor Daysog stated that he was contacted by a
resident on the 300 block of Haight Avenue who is concerned about
the Kentucky Fried Chicken by Park Street not delivering to the
West End; requested the City Attorney to look into: 1) whether
delivery requires local support; 2) if Kentucky Fried Chicken's
official policy is not to deliver to the West End.
(99-250) Councilmember Johnson stated Kaiser [Medical Center]
might be contracting to provide ambulance service; Kaiser members
are to call a toll free number rather than 911 for an ambulance;
requested staff to determine 1) whether this is occurring; and 2)
whether legislation has been proposed to prevent said action;
stated Council could decide whether to support or oppose said
legislation.
The City Attorney stated said matter could be tied into the prior
Council Item [paragraph no. 99-245] regarding ambulance service.
Councilmember Johnson further stated the issue is important for
Alameda.
(99-251) Councilmember Johnson stated if Council action is needed
to allow city employees to have direct deposit to the Bank of
Alameda, said matter should be placed on the agenda.
The Acting City Manager stated that he would provide an off agenda
report on the matter.
(99-252) Councilmember DeWitt thanked the Coral Reef Motel for
providing a suite to the out-of-town consultants assisting with the
skateboard park; also thanked 1) those who provided construction
materials and equipment, 2) the professional carpenters, concrete
finishers, iron workers, and electricians; 3) the Sacramento Naval
Construction Battalion; 4) those who donated food; and 5) all those
that he did not mention; stated the skate park is coming along
beautifully.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 9:50 p.m.
Respectfully submitted,
D±&ne B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
May 18, 1999
1
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MAY 18, 1999- -7:05 P.M.
Mayor Appezzato convened the Special Meeting 7:25 p.m.
Roll Call - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
Mayor Appezzato adjourned to Closed Session to consider:
(99-232) Conference with Legal Counsel - Existing Litigation; Name
of Case: Alameda Unified School District v. City of
Alameda and Bureau of Electricity.
(99-233) Conference with Labor Negotiator; Agency Negotiator:
Human Resources Director and Austris Rungis; Employee
Organizations: Alameda Management and Confidential
Employees Association - MCEA; Appointed and Unrepresented
Positions (City Manager, City Attorney, City Clerk,
Assistant City Manager, Human Resources Director, and
Police Chief); and Unrepresented Employees (Bureau of
Electricity) Management, Supervisors, Professionals and
Technicians.
Following the Closed Session, the Special Meeting was reconvened
and Mayor Appezzato announced regarding Existing Litigation, the
City Council gave instructions to the City Attorney; regarding
Conference with Labor Negotiator, Council gave instructions to the
City's negotiator.
Adjournment
There being no further business, the Special Meeting was adjourned
at 7:30 p.m.
Respectfully submitted,
D ne B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
May 18, 1999