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1999-08-03 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -AUGUST 3, 1999- -7:00 P.M. Mayor Appezzato convened the Special Meeting at 7:00 p.m. Roll Call - Present: Councilmembers Daysog, DeWitt, Kerr and Mayor Appezzato - 4. Absent: Councilmember Johnson - 1. The Special Meeting was adjourned to Closed Session to consider: (99-381) Conference with Legal Counsel - Anticipated Litigation; Initiation of Litigation Pursuant to Subdivision (c) of Section 54956.9; Number of Potential Cases: One. (99-382) Conference with Legal Counsel - Anticipated Litigation; Significant Exposure to Litigation Pursuant to Subdivision (b) of Section 54956.9; Number of Potential Cases: One. (99-383) Workers' Compensation Claim; Claimant: Edwin Rodekohr; Agency Claimed Against: City of Alameda. Following the Closed Session, the Special Meeting was reconvened and Mayor Appezzato announced that regarding Initiation of Litigation, the City Council gave instructions to the City Attorney to initiate .litigation; regarding Significant Exposure to Litigation, Council gave instructions to the City Attorney; and regarding Workers' Compensation Claim, the Council gave instructions to the City Attorney to resolve Workers' Compensation Claim. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:40 p.m. ectfully submitted, 1 Di ne B. Felsch, C C City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council August 3, 1999 245 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -AUGUST 3, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:47 p.m. Councilmember Kerr led the Pledge of Allegiance. Pastor Dave Nederhood, Alameda Christian Reform Church, gave the Invocation. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Kerr and Mayor Appezzato - 4. Absent: Councilmember Johnson - 1. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (99-384) The White House Millennium Council declares the City of Alameda a "Millennium Community". Mayor Appezzato announced that he received a letter from First Lady Hillary Rodham Clinton congratulating the City of Alameda for being selected as an official Millennium Community; read a certificate designating Alameda a Millennium Community; further stated the certificate will be framed and placed at City Hall. (99-385) Mayor Appezzato announced a concert series has been designated as part of the City's Millennium celebration; the Alameda Education Foundation will present a music gala and concert series with the Oakland East Bay Symphony Orchestra on November 13, 1999; the Oakland East Bay Symphony will be conducted by Michael Morgan, hosted by Frederica von Stade, with guest conductor Jerry Fiddler, Wind River Systems; there will also be three concerts net spring on behalf of schools. CONSENT CALENDAR Mayor Appezzato announced that the Amendment to Regulatory Agreement for 1815 Elm Street [Paragraph no 99-387], the Second Amendment to Purchase and Sale Agreement for 10.28 Acre Parcel [paragraph no 99-388], and the Second Amended and Restated Local Match Funding Agreement with Alameda County [paragraph no 99-391] were withdrawn 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 - 4. Absent: Councilmember Johnson - 1. [Items so Regular Meeting Alameda City Council August 3, 1999 enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*99-386) Minutes of the Special and Regular City Council Meetings held on July 20, 1999. Approved. (99-387) Recommendation to authorize execution of amendment to Regulatory Agreement and related documents for 1815 Elm Street. Robert Reman, Alameda, stated that he lives next door to 1815 Elm Street; the project has been a fiscal and social failure; the best time period has been the last six months while the house has been vacant; Allied Housing will put people with problems in the house; there was nothing but problems from the beginning; the block has to deal with the Midway Shelter and Thompson Park field lighting; neighbors have not had the opportunity to discuss the matter; urged Council to more closely review the proposal before approving the recommendation. Ray Bolton, Alameda, stated that he opposes the recommendation; urged Council not to approve the project. Greg Presco, Alameda, stated that he opposes the project. Councilmember Kerr stated Council was told previously there was an overwhelming need for housing for unwed mothers from Island High School; the School District offered to fill funding gaps, but did not; since the unwed mother project failed, staff is arguing someone must move in to protect the City's investment; the safest way to protect the investment is to sell the house; Elm Street residents have managed to keep the street attractive in spite of difficult surroundings. Mayor Appezzato stated the question is whether or not to continue a program. Vice Mayor Daysog stated concerns regarding cars, general upkeep, and the lawn, were raised in 1997; inquired whether the house was maintained. The Community Development Manager responded property monitoring is on-going; stated there was a gap while default and foreclosure issues were addressed; Allied Housing hired a property maintenance person. Vice Mayor Daysog stated there have not been complaints over past the two years. The Community Development Manager stated complaints have not been received; the greatest problem has been finding tenants; there are two issues: 1) protect the City's investment which is not protected Regular Meeting Alameda City Council August 3, 1999 7 by a large margin; 2) maintain the affordable unit; the City committed to maintain the unit when it entered into the HOME Agreement to finance the property. In response to Councilmember DeWitt's inquiry regarding whether the City's money was used to finance the purchase, the Community Development Manager stated the two sources of funding were: 1) HOME money which comes to the City for the purpose of purchasing housing; 2) Community Development Block Grant, funding which was used to assist Allied Housing in curing the default. Councilmember DeWitt stated the City of Alameda Housing Authority does a great job managing properties; inquired whether Allied Housing will do a good job managing the property. The Community Development Manager responded staff is confident about Allied Housing; stated the organization has one of the most thorough screening processes for tenant selection and works in other cities, e.g. Hayward, Fremont; outlined screening process. Councilmember DeWitt further inquired how the City maintains control over the manner in which Allied Housing operates the house, to which the Community Development Manager stated the Grant Agreement has a scope of work with specific requirements and receives quarterly reports to ensure performance. In response to Councilmember Kerr's inquiry regarding whether Allied Housing would work only with. the Midway Shelter, the Community Development Manager stated Allied Housing has relationships with a number of shelters through a job linkage program; in the interest of keeping people in a local situation, Allied Housing has begun to work with the Midway Shelter. Councilmember Kerr clarified the staff report states Allied Housing will work only with Midway; stated the switch to Allied Housing was to prevent foreclosure by US Bank; since the real estate market is up, the property should be sold. Mayor Appezzato stated residents, churches and other groups support the Midway Shelter which was started by former Mayor Chuck Corica. Councilmember DeWitt inquired how the Midway Shelter impacts Elm Street. Elm Street Resident Robert Reman stated Alameda Police frequently have to search yard -to -yard on Elm Street looking for people who have left the Midway Shelter and are burglarizing houses or living in crawl spaces under homes; the property has not been maintained; a homeless person broke in and was living in the basement. Councilmember DeWitt stated there is a great need for affordable Regular Meeting Alameda City Council August 3, 1999 housing in the City; the proper management can effectively monitor the house. Councilmember DeWitt moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion. Under discussion, Vice Mayor Daysog stated the property was maintained for the most part; affordable housing is an issue for the entire City; there will be units on the former Navy Base; the City has a moral responsibility not to have only high -end housing; the issue is whether the property will be managed and the project is fiscally prudent. Mayor Appezzato stated that he did not hear complaints regarding the property; the City will not lose money on the project. On the call for the question, the motion carried by the following voice vote - Ayes: Vice Mayor Daysog, Councilmember DeWitt, and Mayor Appezzato - 3. Noes: Councilmember Kerr - 1. Absent: Councilmember Johnson - 1. (99 -388) Recommendation to approve Second Amendment to Purchase and Sale Agreement of the 10.28 Acre Parcel, APN 074- 1339 -32 -1, Located within the Harbor Bay Business Park, to Harbor Bay Isle Associates. Len Grzanka, Alameda, stated Harbor Bay Business Park's web site states: "Development at Harbor Bay Business Park is exempt from the City's affordable housing fees and school fees"; inquired why the City does not remove the exemption as a condition of the sale; stated Harbor Bay Isle should pay the same affordable housing- and school fees paid by other developers; schools need the money. Councilmember Kerr stated the continuing delay in meeting the [sale] Contract by Harbor Bay Business Park is of concern; a letter from Harbor Bay should not have mentioned that they will pay, when plans receive approval from the Planning Board; the Gun Club was never developed; the City should be allowed to put the property back on the market; further stated the schools are full at Harbor Bay; the School District takes the children of people working in Alameda; the City should obtain fees; inquired whether Sterling Act fees are paid at Harbor Bay Business Park. The City Attorney stated Harbor Bay Business Park was developed as part of a Development Agreement; the exactions for public facilities, schools were set by ordinance at that time; Harbor Bay paid for construction of schools and school sites. Councilmember Kerr stated the current sale will not include payment of Sterling Act fees, to which the City Attorney responded in the Regular Meeting Alameda City Council August 3, 1999 9 9 0 affirmative. Vice Mayor Daysog stated the Agreement was approved in 1989. In response to Councilmember Kerr's inquiry regarding whether the agreement could be amended, the City Attorney stated amendment would require the consent of both parties; Harbor Bay would have to consent to additional payments; an ordinance amendment would be required. Councilmember Kerr stated since Harbor Bay is requesting favors from the City, it might not be bad to ask [fees be paid]; the $200,000 contribution to the general fund must be used for Capital Improvement Projects; $200,000 is removed from the Traffic Improvement Fund which is supposed to be used to mitigate traffic throughout the Island; requested the Council to consider amending the Development Agreement [1989]. Vice Mayor Daysog stated the desire to review a decision made ten years ago should be considered secondary to moving forward tonight; sale of the property should be addressed as soon as possible. Councilmember Kerr stated the property is not selling; additional money is being provided up-front, however, the [Harbor Bay] letter seems to state the sale is contingent upon favorable ruling from the Planning Board. Councilmember DeWitt stated a non-refundable deposit is paying for Harbor Bay's delays; if Harbor Bay Isle does not want the property, the City has $100,000 for doing nothing. Councilmember DeWitt moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion. [MOTION FAILED] Under discussion, Vice Mayor Daysog stated four affirmative votes are needed; inquired whether the matter could be placed on the next Agenda. The Public Works Director responded that the current Agreement expires on the day of the next Council Meeting. The Public Works Director also clarified Bond Counsel advised staff the $200,000 which will go to the general fund can be used for non- transportation related projects, e.g. the new radio system; new money is going into the general fund with the caveat that it be used for Capital Improvement Projects. Mayor Appezzato stated Council voted to put the property on the open market for six months; the property was listed with a broker and did not sell; Council has the option to put it on the open Regular Meeting Alameda City Council August 3, 1999 market again; the City received $200,000 over the original purchase price and needs to move forward. Councilmember Kerr inquired whether the motion could be amended to approve the staff recommendation with the amendment that the City is free to try to sell the property to someone else during the period. Mayor Appezzato inquired whether the City could attempt to sell the property to another party while there is an Agreement with Harbor Bay. Councilmember Kerr inquired whether the City could be free to list the property since the property is not selling. The City Attorney responded Harbor Bay and Doric would have to consent since there is an existing Agreement; the Amendment proposed by staff would continue the exclusive right to purchase; absent consent, the City could not market the property. Vice Mayor Daysog stated the structure to sell the property is in place; revisiting past decisions will only slow down the sale. Councilmember DeWitt stated Councilmember Kerr has portrayed the message that the City would like to have Harbor Bay move forward; that he would prefer to give Harbor Bay three more months. Mayor Appezzato stated a Special Council Meeting should be scheduled prior to the next Regular Council Meeting, if necessary. On the call for the question, the MOTION FAILED, by the following voice vote - Ayes: Vice Mayor Daysog, Councilmember DeWitt, and Mayor Appezzato - 3. Noes: Councilmember Kerr - 1. Absent: Councilmember Johnson - 1. [Required 4 affirmative votes.] *** Mayor Appezzato called a recess at 8:42 p.m. and reconvened the Meeting at 8:51 p.m. * * * (*99-389) Recommendation to accept Cost Realignment of Harbor Bay Business Park Assessment District 92-1. Accepted. (*99-390) Recommendation to authorize the City Manager to execute First Amended Agreement with Harbor Bay Isle Associates to provide Contract Administration Services for Harbor Bay Business Park Assessment District 92-1. Accepted. (99-391) Recommendation to approve Second Amended and Restated Local Match Funding Agreement (Advancement of Funds) Between Alameda County Transportation Authority and City of Alameda. Regular Meeting Alameda City Council August 3, 1999 Councilmember Kerr stated the loan being proposed is a no-interest loan which the City must pay back; collateral on the loan is dependent upon the sale of the 10.28 Acre Parcel which has not taken place; that she cannot support the recommendation for financial reasons and because the project will do great harm to the quality of residential life in the old part of Bay Farm Island; the original Environmental Impact Report showed the Alameda section of the Airport Roadway would increase traffic on High Street and Fernside Boulevard. Mayor Appezzato stated the voters approved the Cross Airport Roadway Project as part of Measure B in 1986. Councilmember DeWitt moved approval of the staff recommendation. Vice Mayor Daysog seconded the motion, which carried by the following voice vote - Ayes: Vice Mayor Daysog, Councilmember DeWitt, and Mayor Appezzato - 3. Noes: Councilmember Kerr - 1. Absent: Councilmember Johnson - 1. (*99-392) Resolution No. 13131, "Endorsing the Concept of a San Francisco Bay Area Water Transit System that Would Encourage the Expansion and Improvement of Water Transit Services in the Bay Area." Adopted. (*99-393) Resolution No. 13132, "Amending the Alameda City Employees Association Salary Resolution by Establishing the Salary for the Positions of Permit Technician and Public Works Maintenance Foreperson." Adopted. (*99-394) Ratified bills in the a ount of $3,281,070.92. REGULAR AGENDA ITEMS (99-395) Recommendation to renew Certificate of Approval, CA-93- 14, to permit the demolition of a structure located at 2526 Blanding Avenue which is a property listed on the Historical Building Study List. Applicant: First Samoan United Congregational Church; and (99-395A) Resolution No. 13133, "Granting a Renewal of the Approval of Certificate of Approval, CA-93-14, at 2526 Blanding Avenue." Adopted. Richard Neveln, Alameda, stated the City of Oakland used aging Victorians to create Preservation Park which houses businesses, e.g. Attorney Offices; the City of Alameda should consider moving the building to another location, e.g. Alameda Point, to begin a Preservation Park in Alameda. Ryan Lema, First Samoan Congregational United Church of Christ, was Regular Meeting Alameda City Council August 3, 1999 present to answer questions. Councilmember DeWitt stated the property is in bad shape and probably could not be moved without falling apart; the property is located in the middle of a commercial area; there are no other houses within a block. Councilmember DeWitt moved approval of the staff recommendation. Councilmember Kerr seconded the motion. Under discussion, Councilmember Kerr stated the City should consider the idea of forming a Preservation Park; there are meetings and conventions at Preservation Park in Oakland. Vice Mayor Daysog inquired whether the faulty upkeep of properties on the Historical Building Study List should be used as a basis for demolition; inquired whether there are mechanisms in place to deter people from using disrepair as an excuse to demolish historical structures. The City Attorney stated that an unfortunate possible result is people choosing to allow their house to go into disrepair; in the present case, the Historical Advisory Board and City Council both voted that the house did not have historical value due to disrepair. Vice Mayor Daysog stated the matter should move forward tonight; however, the issue of preventing the use of disrepair as a basis for demolition should be addressed. The City Attorney stated the City Council and Historical Advisory Board have the authority to prevent demolition absent health and safety problems. City Staff Judith Altschuler stated the Historical Advisory Board will hold Public Hearings to consider recommending Council adoption of an ordinance on demolition by neglect; many cities have concern, but do not have ordinances. On the call for the question, the motion carried by unanimous voice vote - 4. Absent: Councilmember Johnson - 1. ORAL COMMUNICATIONS, NON-AGENDA (99-396) Ray Bolton, Alameda, discussed reasons why neighbors object to the 1815 Elm Street Project. [See paragraph no. 99- ] COUNCIL COMMUNICATIONS (99-397) Written Communication from League of California Cities Regular Meeting Alameda City Council August 3, 1999 and Designation of Voting Delegate for League's Annual Conference. Councilmember Kerr stated that she attends League of California Cities monthly meetings and would appreciate being appointed as the [voting] delegate. Vice Mayor Daysog moved that Councilmember Kerr serve as the Voting Delegate. Councilmember DeWitt seconded the motion. Under discussion and in response to Councilmember DeWitt's inquiry regarding Council-appointed League of California Cities representatives, Councilmember Kerr stated that she was appointed by Council to attend regional meetings. By Council consensus, the motion carried. Absent: Councilmember Johnson -1 . Councilmember Kerr moved that the Mayor serve as the Alternate Delegate. Councilmember DeWitt seconded the motion. On the call for the question, the motion carried by unanimous voice vote - 4. Absent: Councilmember Johnson - 1. (99-398) Vice Mayor Daysog requested an inventory of west housing units at Alameda Point; stated the staff report should identify the number of units for the homeless, unused units, etc. (99-399) Councilmember DeWitt announced the crime rate in Alameda is down 16.8% from last year. (99-400) Councilmember Kerr commended Police Officer Cofer; stated that according to residents around Jackson Park, Officer Cofer has been extremely helpful with problems at the Park. ADJOURNMENT There being no further business before the City Council, Mayor Appezzato adjourned the Regular Meeting at 9:17 p.m. pectfully submi ted, D ne B. Fe sch, CMC City Clerk Agenda for this meeting was posted in accordance with Brown Act. Regular Meeting Alameda City Council August 3, 1999