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1999-11-16 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -NOVEMBER 16, 1999- -7:20 P.M. Mayor Appezzato convened the Special Meeting at 7:25 p.m. Roll Call - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (99-565) Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation pursuant to subdivision (c) of Section 54956.9; Number of Potential Cases: One. Following the Closed Session, the Special Meeting was reconvened and Mayor Appezzato announced that the City Council gave directions to the City Attorney to initiate litigation. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:30 p.m. ectfully submitted, Di ne B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council November 16, 1999 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -NOVEMBER 16, 1999- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:45 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 (99-566) Mayor Appezzato thanked Judy Blank, Chair of the "Gala Concert for Music in Schools", Frederica Von Stade, internationally known mezzo-soprano, Michael Morgan, Conductor, Oakland East and Joe Leitz; requested the City Manager to draft a Resolution or Proclamation thanking those instrumental in making the night memorable; urged those not able to attend to watch the performance on Channel 3. CONSENT CALENDAR Mayor Appezzato announced various items were removed from the Consent Calender for discussion. [Paragraph Nos. 99-573, 99-574, 99-575, 99-576, 99-577, 99-578 and 99-579] 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.] (*99-567) Minutes of the Special and Regular City Council Meetings held on November 2, 1999. Approved. (*99-568) Recommendation to approve modification of Agreement with Northbay Ecumenical Homes and First Republic Bank for the Community Assisted/Shared Appreciation (CASA) Homeownership Program. Regular Meeting Alameda City Council November 16, 1999 Accepted. (*99-569) Recommendation to authorize the City Manager to amend Consulting Contracts with Brady/LSA. Accepted. (*99-570) Recommendation to accept Quarterly Investment Report for period ending September 30, 1999. Accepted. (*99-571) Recommendation to accept Quarterly Sales Tax Report for Second Quarter of 1999. Accepted. (*99-572) Recommendation to accept Quarterly Financial Report for period ending September 30, 1999. Accepted. (99-573) Recommendation to award Contract in the amount of $202,430 to Golden Bear Arborists, Inc. for Pruning Trees within the City of Alameda for Fiscal Year Ending June 30, 2000, No. P.W. 02-99-06. Steven Gerstle, Alameda, stated since the City awarded its Tree Trimming Contract to Reliable Tree Company, he solicited a bid for his condominium from said company; after selecting Reliable Tree Company to do his work, Reliable Tree backed out at the time work was scheduled to begin; suggested when the City's contractors do not perform, it should be publicized in the newspaper to assist consumers in Alameda. Councilmember DeWitt moved approval of the staff recommendation. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (99-574) Recommendation to authorize installation of All-Way Stop Controls at the intersection of Paru Street and San Antonio Avenue. Vice Mayor Daysog submitted a letter to the City Clerk from the Superintendent of Schools; thanked the Public Works Director, the School District Superintendent Dennis Chaconas, and Dolores Kelleher with Franklin School PTA for addressing all the schools which need stop signs; stated without their hard work there would not be a proposal to install stop signs. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (99-575) Recommendation to authorize installation of All-Way Stop Controls at the intersection of Lincoln Avenue and Pearl Street. Regular Meeting Alameda City Council November 16, 1999 Vice Mayor Daysog stated his comments regarding controls at Paru Street and San Antonio Avenue [paragraph no. 99-574] applied to this item. Vice Mayor Daysog moved approval of the staff recommendation. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (99-576) Resolution No. 13157, "Approving Revised Part-Time Classifications Salary Schedule Commencing December 5, 1999." Adopted. Councilmember Johnson stated playground activities have been reduced because the City cannot hire Recreation Leaders; hopefully, the [salary] increase will help; requested the Recreation Director to report back in six months on the hiring problem; further stated if necessary, the Recreation Leader job classification salary could be reviewed again at that time. Councilmember Johnson moved adoption of the Resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. (99-577) Resolution No. 13158, "Authorizing the City Manager to Submit an Application to the Secretary of the United States Department of the Interior for a Public Benefit Conveyance of Open Space and Recreation Facilities Located at Alameda Naval Air Station (Alameda Point) and to Take All Other Necessary Actions to Obtain Said Real Property." Adopted. Mayor Appezzato announced the matter was removed from the Consent Calendar in error. Councilmember DeWitt moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (99-578) Introduction of Ordinance Approving an Addendum to Sublease Between Alameda Reuse and Redevelopment Authority (ARRA) and Bladium, Inc. and Accepting Assignment of Interest in Lease of Building 40 at Alameda Point from ARRA, as Sublessor, and Granting Option to Purchase Building 40 to Bladium, Inc., as Sublessee. Introduced. Pete Halberstadt, Bladium, Inc., stated the project was endorsed by the Base Reuse Advisory Group (B.R.A.G.), the Planning Department and Alameda Reuse and Redevelopment Authority (ARRA); played a Regular Meeting Alameda City Council November 16, 1999 video tape of other Bladium, Inc facilities; stated the project would be the largest conversion at Alameda Point to date; Bladium, Inc. is accepting the lowest reimbursement rate for improvements and would be paying the highest lease rate at Alameda Point; the option to purchase is in accordance with the long -term Reuse Plan; the hangar is within a historic district and viewed as a long -term keeper; ARRA staff determined the present net value of the purchase option is more favorable [economically] than the present net value of the long -term lease revenue; the purchase option is a win -win situation; the community supports the project; organizations such as the Alameda Boys and Girls Club, Alameda Unified School District, West Alameda Business Association, the Greater Alameda Business Association, Park Street Business Association and private businesses have expressed support. Paula McCloskey, Chief Executive Officer, Chamber of Commerce, stated the Chamber supports the project; Bladium, Inc. gave business groups a tour; the company will be paying $500,000 in rent, is family - oriented and geared toward youth, and will provide new opportunities in area of tourism; the USS Hornet plans to work with Bladium, Inc on tourism; the company will hire 75 -100 employees; the project is good for Alameda. John Beery, Alameda, stated the project shows potential, would be a good recreational activity for the community, and would draw people from outside the community; that he is concerned about the level playing field; generally, rent is established and tenants put in improvements; giving rent credits may make it non - competitive for others in the recreational business; a project is needed in the area whether it is run by the private sector or by the Recreation Department; the problem is the City is giving away too much; the matter should be reviewed on a long -term basis as to whether credits make financial sense. Moira Fossum, President - elect, Chamber of Commerce, stated that she is an Alameda resident and business owner; she toured the project and was impressed that the owner is a local resident; Alameda has fostered the perception of being non- business friendly; and the Bladium, Inc. project is not receiving benefits different from other businesses at Alameda Point. Darryl Browman, Alameda, stated that he supports the project; Bladium, Inc. will provide a jump start and give exposure to the Base [Alameda Point]; children and adults will have a place to recreate; other businesses, e.g. high -tech companies, will be attracted to the area because there will be a place to recreate. Vice Mayor Daysog inquired whether the City would be liable for the tenant improvement if the project is not a success. Regular Meeting Alameda City Council November 16, 1999 ARRA Facilities Manager responded there is no obligation or responsibility the City would assume. Vice Mayor Daysog further inquired whether the responsibility would fall on Bladium, Inc., to which the ARRA Facilities Manager responded in the affirmative. Vice Mayor Daysog questioned whether the City has a process to ensure the $975,000 [rent reimbursement] covers the work being done; e.g. [improvements] could cost $700,000. ARRA Facilities Manager responded $975,000 is a maximum amount to be reimbursed; stated the actual amount reimbursed is the cost of the project determined through submittal of contractor invoices and cancelled checks; the City is only responsible to reimburse for the actual costs as determined by the scope of work which is clearly defined by the Lease. In response to Vice Mayor Daysog's inquiry on how the City ensures the amount of money which is reimbursed equals the actual work cost once the scope of work is clearly defined and the rebate amount set, ARRA Facilities Manager stated the process is the submittal of contractor invoices. Vice Mayor Daysog inquired whether everyone rebated has met the amount agreed upon in past projects, to which ARRA Facilities Manager responded some projects have come in less than the established maximum in the Lease. Vice Mayor Daysog inquired the original estimate on Hangar 39 which had the final cost of approximately $1.2 Million. ARRA Facilities Manager responded $950,000 was the original amount, which covered purely construction costs and was exclusive of architect's fee, permit fee, and inspection costs; said costs are covered under the $975,000 maximum with Bladium. In response to Vice Mayor Daysog's inquiry regarding change orders, ARRA Facilities Manager stated the City is guaranteeing up to $975,000 and excess would be assumed by the tenant. Councilmember Johnson inquired whether the City is loaning the money for Code improvement upgrades, to which ARRA Facilities Manager responded in the affirmative. In response to Councilmember Johnson's inquiry whether the building can be occupied without improvements, ARRA Facilities Manager stated the building cannot be occupied without upgrades. Councilmember Johnson inquired whether the building would be more Regular Meeting Alameda City Council November 16, 1999 valuable if Bladium moved out once upgrades are completed. ARRA Facilities Manager responded in the affirmative. Councilmember Kerr stated $975,000 must be spent to bring the building up to Code; the City could borrow the money from a bank or private lender [to complete upgrades]; the tenant has agreed to lend the money to the City; the City will be making payments on the loan to bring the building up to Code; the arrangement is standard for a landlord to bring a building up to Code to rent it. Vice Mayor Daysog inquired why the sale of Alameda land requires four affirmative votes. The City Attorney responded the City Charter requires that any property of the City which is sold or leased for a period of more than one year requires four affirmative votes of the Council; stated four votes are required because there is some expectation that the property will go to the City from ARRA and potentially be sold; the option to purchase would occur after the property is transferred to the City. Councilmember Johnson moved introduction of the Ordinance. Councilmember Kerr seconded the motion. Under discussion, Councilmember DeWitt stated that he had some concern about the option to purchase the property which is a decision about long-term reuse of the Base [Alameda Point] before the Reuse Plan is put into effect; after speaking with the Mayor, City Manager and Assistant City Manager, he was informed that the Council will be given an opportunity to review the options to deal with the long-term reuse of the Base [Alameda Point], so that buildings are not sold to whomever comes along; Council will be reviewing options to put long-term Reuse Plan into place; Bladium, Inc. is a good use for the City of Alameda. Vice Mayor Daysog stated his concern is about being sure of the costs which the City is being asked to assume; there are processes in place to ensure City has a handle on costs. Mayor Appezzato stated Alameda Point comprises one-third of the Island; the City Council has been elected to lead and ensure projects compliment the entire City when making a decision; Bladium fits with the community. On the call for the question, the motion which by unanimous voice vote - 5. (99-579) Ratified bills in the amount of $2,189,993.17. Regular Meeting Alameda City Council November 16, 1999 Councilmember Johnson stated the City needs to establish a list of Alameda vendors for use by employees; efforts need to be made to use Alameda businesses whenever possible. The City Manager stated there will be a workshop as Councilmember Johnson previously requested; staff will identify a vendor list with whom the City purchases goods and services in Alameda; the City continuously looks for opportunities to expand the list of Alameda vendors. Councilmember Johnson moved approval of bills for ratification. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. REGULAR AGENDA ITEMS (99-580) Mayor Appezzato requested Resolution commending Rufina "Ping" Mejia for her dedication to students of Alameda [paragraph no. 99-581] be addressed first. (99-581) Resolution No. 13159, "Commending Rufina "Ping" Mejia for Dedication to the Students of Alameda and Recognition for Receiving the Auspicious Teacher of the Year Award for 1999." Adopted. Councilmember DeWitt moved adoption of the Resolution. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. Mayor Appezzato read the Resolution and presented it to Ms. Mejia. (99-582) Recommendation to encourage broad participation in the Community Social Service Needs Assessment Survey. Ed Dankworth, President, Social Service Human Relations Board [SSHRB], urged Council to support the Board's Community-wide Social Service Needs Assessment Project; stated the first step is a computer-assisted telephone survey of at least 400 randomly selected Alameda households; the survey will take place on week nights from November 29th through December 3rd between 5 P.m. and 9 p.m.; volunteers are needed to work two-hour shifts; after problems are made clear by the survey, there will be a community building workshop on how to address said problems; the Board reports to Council; the SSHRB is charged with assessing and reporting to Council Alameda's social service needs and the methods for meeting those needs; results will be used to establish priorities for Community Development Block Grant (CDBG) programs and to support grant applications; community participation is Regular Meeting Alameda City Council November 16, 1999 critical; the Board is asking Council to encourage broad participation; the importance of the survey needs to be adequately publicized. Vice Mayor Daysog inquired whether questions will be personal and if there will be confidentiality issues. SSHRB President Dankworth stated all answers will be confidential; names will not be sought and any names given will be held confidential. Councilmember Johnson inquired who developed the questions for the survey, to which SSHRB President Dankworth responded City staff member Corey Cook. In response to Vice Mayor Daysog's inquiry regarding the date for the workshop, SSHRB President Dankworth stated as soon as the analysis of survey results is completed, the workshop will be held and the date publicized. Vice Mayor Daysog stated the workshop may be in February. Councilmember DeWitt stated the purpose of the survey is to help meet social service needs; that he believes the survey will improve the quality of life for children and families in Alameda. Councilmember DeWitt moved approval of staff recommendation. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. (99 -583) Recommendation to initiate preparation of a Specific Plan for the Northern Waterfront and issue a Request for Proposals. Mark Irons, Alameda Green Party, stated the Green Party is in favor of a comprehensive plan for redeveloping the north waterfront and believes the City should not issue new permits for development in the area until the Plan is completed; that he is touched by the history by the estuary which used to be connected to Lake Merritt; a neighborhood association proposed a moratorium; Planning did not agree with the moratorium, but gave assurances that Kaufman and Broad would be consulted, it is reasonable to complete a Plan prior to initiating work. Jean Sweeney, Alameda, stated that she would like to be assured that there will be at least one or two community representatives involved with development of the Specific Plan. Douglas Holmes, Buena Vista Avenue Neighbors (BVAN), stated that he supports the Plan; a Plan which incorporates the whole City is Regular Meeting Alameda City Council November 16, 1999 needed; considering any type of project on the critical piece of land is not advantageous; first, the Plan will have the input of Planning Department and citizens; then, proposals which fit into the Plan should be invited; people expressed support of Sun Valley's presentation, however, the area is large and should not consider proposals piece by piece; the City has a wonderful opportunity to make Alameda special; Sun Valley and Kaufman and Broad projects would be ordinary solutions to a complex problem; to push the Specific Plan forward is prudent. Mayor Appezzato inquired whether BVAN has a charter and bylaws, to which Mr. Holmes responded in the negative. In response to Mayor Appezzato's further inquiry regarding the number of members, Mr. Holmes stated there are approximately fifty active members who would attend meetings and 100 people signed a petition in a period of two days. Hugh Morgan, Alameda, stated that favors a moratorium before the Specific Plan is completed; more attention should be given to the peculiar mix of land uses which are prevalent on the northern waterfront; there is a blend of urban and industrial; the consultant should review uses in relation to the surrounding area; an overlay of suburban land uses, such as the former drive-in site and Marina Village should not be proposed; there should be more focus on design guidelines; the Plan should focus on how the area is integrated with the rest of the City. Michael Valley, Sun Valley, stated that he would like to participate in the Specific Plan; the Planning Board raised the issue that there should be an ultimate outside timeline on the production and approval of the Plan; suggested September or October of next year be the deadline. David Landau, Alameda, stated there has been public input regarding density, crowding in schools, traffic, lack of open space, and land use issues at public meetings; Kaufman and Broad and Sun Valley have submitted proposals for the Weyerhauser and Belt Line properties; inquired what use the Specific Plan would have if the two major projects are underway; further stated public input seems as though it is being swept aside in favor of moving forward; that he supports the moratorium. Mayor Appezzato stated there is no a moratorium; the projects have not gone to the Planning Board or City Council; there will be many Public Hearings. Mr. Landau inquired whether proposals have been submitted, to which the Mayor responded that he did not know. Regular Meeting Alameda City Council November 16, 1999 Mayor Appezzato further stated the hearings were to gather public input; the process is beginning; private owners have rights to present projects and sell land; whether the City agrees to [proposed] uses is the reason for public hearings; there will be time to look at the Specific Plan and uses as they come forward. Suzan Kaplan, Alameda, stated that she lives adjacent to the property under consideration and supports the Specific Plan; she has watched changes over the past fifteen years; industry is leaving the area; the Plan should look at an integrated whole; if areas are developed before the Plan is adopted, the purpose of the Plan is defeated; all the land should not be built or decided upon until the Plan is in place; there has been piecemeal development in the past; the area and the City have not benefitted from piecemeal development; it is important to get an integrated Plan. Councilmember Johnson requested the Planning Director to summarize the public process. The Planning Director stated a housing project application has been filed by Kaufman and Broad; a meeting was held in the community; the Planning Department is in discussions with Sun Valley about concerns which can be taken into account when preparing plans; Encinal Terminals controls the Del Monte building and is looking at developing plans; preparing a Specific Plan for development without having a sense of how landowners would like to use properties is difficult; the opportunities to make the area better come from change; landowners and residents in the immediate area and City-at- large will be engaged in the Specific Plan public process, said process will require the neighbors and owners to make exceptions if the Plan will be successful; each [housing] development proposal would require a legislative change; the Council will have to amend the General Plan or rezone the land; if issues are premature or not fully resolved, the Council does not have to rezone the property or amend the General Plan; the Council has the ability to set aside developments which are not ripe for consideration and is not required to entertain proposals to change the land use policies of the City; however, property owners can exercise rights in accordance with rules [regarding existing uses]. Mayor Appezzato stated that he supports removing the railroad tracks, getting the trucks off Buena Vista Avenue, and removing containers; the City can ensure the uses never come back by rezoning; if a rezoning is not acceptable to the community, property owners have the right to remain industrial and use land as it was used in the past. In response to Councilmember DeWitt's inquiry on whether the Specific Plan would take twelve months, the Planning Director stated the Request for Proposals will include that the consultants Regular Mooting Alameda City Council November 16, 1999 6 1, should try to provide the Plan within a twelve-month time frame. Councilmember DeWitt further stated there could be a matter on the November 2000 Ballot [Initiative Petition Measure] and inquired whether a moratorium is needed. The Planning Director stated Council can communicate that zoning proposals will not be entertained; a moratorium is used when people have zoning rights and the City has an obligation to allow uses under current zoning; in this case, all the development proposals seek to change the General Plan and rezone; legislative actions can be delayed; Council can put in the record that proposals will not be entertained until the Specific Plan is completed. Councilmember Kerr stated that she is glad there will be a Northern Waterfront Plan and an attempt at coherent planning; Clement Avenue extension sparked discussions; everybody would like Clement Avenue to go from Grand Street to Sherman Street; there is controversy about expanding west of Sherman Street; the community needs to assess traffic and neighborhood needs; alternative transportation, other than bikes and footpaths, should be considered and studied, e.g. golf carts or other access methods to transportation nodes; the [original] use permit documentation of either Chipman or Container Care approved a heavy industrial use and truck traffic without mentioning adjacent residential uses; all adjacent properties' needs should be considered and documented, e.g. Marina Village office space, residential areas along southern boundary; the group responsible for selecting the consultant should have residential representation, as well as business organizations and land owners; homeowners should be considered as strongly as other property owners; the unique waterfront location offers an opportunity for creative planning which very few cities enjoy; Alameda should come up with a Plan which pleases business owners as well as those that live around the property. Councilmember Johnson moved approval of staff recommendation. Councilmember DeWitt seconded the motion. Councilmember Johnson stated anything which effects one part [of the City] effects the entire City. Mayor Appezzato outlined development projects and changes in Alameda; stated Encinal Terminals is obsolete and cannot be used as a shipping terminal; discussed industries which have left the northern waterfront; stated property owners have a right to continue to use the property; the property should be rezoned for things the community wants, e.g. housing and high-tech business may be the highest and best use for the community; the process is very challenging; decisions made by Council in the past were considered Regular Meeting Alameda City Council November 16, 1999 best for the community. Vice Mayor Daysog inquired whether greenways refer to grassy areas next to roads in the Request for Proposals. The Planning Director stated greenways are a specific policy of the General Plan; park facilities and greenways are addressed separately. Vice Mayor Daysog stated there is panhandle in San Francisco which is not specifically a park facility or a greenway; it is a large, open grassy area; inquired whether parks and greenways could be viewed in a broader sense. The Planning Director responded in the affirmative. Mayor Appezzato stated there are more Bay Trails and bicycle paths in Alameda per square acre than any other city in the Bay Area; the goal is to make the Bay Trail continue around the entire Island. On the call for the question, the motion which carried by unanimous voice vote - 5. * * * Mayor Appezzato called a recess at 9:21 p.m. and reconvened the Regular Meeting at 9:28 p.m. *** (99-584) Introduction of Ordinance Approving and Authorizing an Agreement Between the City of Alameda and the Alameda Unified School District [AUSD] Exchanging Real Property Interests and Other Consideration Between the Parties. Introduced. The Deputy City Manager stated as a result of months of negotiations with the School District, there is a comprehensive, global proposed resolution for a variety of issues related to property and development impact fees; outlined specific points of agreement. Mayor Appezzato stated Mastick is not being conveyed at no cost; there is a trade of valuable property for Mastick; over the past years there has been extensive negotiations with the School District due to Base closure; negotiations have culminated over the past six months. Councilmember Johnson stated the issue arose because there is a great need for classroom space, partially due to the reduced classroom size; the City felt responsibility to assist schools; the Regular Meeting Alameda City Council November 16, 1999 City will pay $4.20 to AUSD for new development; the law only requires $1.93 per square foot; $2.23 will be paid in addition to the $1.93 required; eight acres in the Catellus area, twelve acres on the Base [Alameda Point] and six and a half acres on the Northern Waterfront area would be conveyed to the District; the plan is very good for the School District and the City; high quality schools benefit everyone; the City's Senior Center also benefits the entire community. Mayor Appezzato stated the City should acquire title to the Base [Alameda Point] late next spring; Catellus is prepared to develop 200 acres and build 475 homes at the East Housing site; the City and School District want to have an agreement for future development; AUSD could have applied for Public Benefit Conveyance (PBC) of the twenty acres at Alameda Point, however, only allows the District to use the property for what it applies for under PBC; by the City transferring title, the District will have a great deal of flexibility to do what it desires with the land; the value of the land being conveyed to the District is around $10 to $12 Million; State law requires $1.93 per square foot be paid in school fees; if new developments continue throughout the City, approximately $7 Million would be paid in school fees; the School District agreed to transfer Mastick to the City; the City plans to take down 600 homes in East Housing and maybe 200 more in West Housing; heavy density will be spread over three areas: the Weyerhauser site, the Belt Line property, and East Housing; the total number of new homes will not exceed 850; homes cannot be built on tidelands; the School District asked for six and a half acres of tidelands at the northern waterfront for a school and will take care of the transfer; however, if the State Lands Commission does not approve the use of tidelands, the deal is still consummated. Jean Sweeney, Alameda, stated that she has been waiting for the School District to transfer Mastick Senior Center to the City. Randy Rentschler, Alameda, stated kids and schools matter to the community; urged support of the deal; further stated schools should be supported in the future. Duke Campbell, President, Mastick Senior Center Advisory Board, urged Council to approve transferring the title of Mastick to the City; stated it is vital to the long-range planning of the Mastick Senior Center. Councilmember DeWitt moved introduction of the Ordinance. Councilmember Johnson seconded the motion. Under discussion, Councilmember Kerr stated part of the Agreement Regular Meeting Alameda City Council November 16, 1999 is that the School District apply for Proposition 1A funds, which were approved by the voters last November; inquired whether the District submitted an application for said funds. The City Manager stated AUSD hired a design firm to assess its buildings and provide a financial base for the State application; that he cannot confirm whether the application has been submitted; the deadline might have been November 3, 1999, one year after the election; that he will have staff confirm [whether an application was filed]. The Deputy City Manager stated that he has not seen any paperwork; however, during discussions, the District indicated it applied for repair funds in May or June; there is a separate application for expansion and he has not heard whether the District applied. Councilmember Kerr stated fees the City will pay in excess of the Sterling Act fees are based on how much money the District receives from Proposition 1A; if AUSD is not applying for all funding, it would not be in good faith. The Deputy City Manager stated the District indicated its intention was to apply for the maximum available funds as the Agreement states; the status will be confirmed. Councilmember Kerr stated the Reuse Plan included land for the School District at the Base [Alameda Point]; the City has agreed to an extra $2.20 in fees for residential construction at the Fleet Industrial Supply Center; the land will be sold to Catellus by the City and money [paid to AUSD] represents a reduction in land value of about $2.5 Million; said amount is about the value of Mastick Senior Center; if the City stopped there, the offer would be very fair; the over six acres at the northern waterfront is approximately an extra $4 Million of property being given to the District; said property is valuable; housing cannot be built, however one developer wanted to put up a parking lot and a marina; the property is useful and valuable; tideland property can be used for maritime purposes; the City is throwing in an extra $3- to $4 Million; the School District is still waffling; if the deal falls through, the City will have the extra $2.5 Million in fees above Sterling Act fees and the extra $3- to $4 Million from the sale of tidelands trust land; said money could be used to purchase and improve Mastick Senior Center; the seniors should not be held hostage on a year-to-year lease; the City has been negotiating with AUSD for several years. Mayor Appezzato stated tidelands trust property cannot be sold; it can be traded out which would cost a great deal of money; additional land or money would be required to take the land out of trust. Regular Meeting Alameda City Council November 16, 1999 304 Councilmember Kerr stated the land could be developed for marina property and make money. Mayor Appezzato stated the money would have to stay in the tideland trust and could be used in the General Fund. Vice Mayor Daysog stated the Agreement is a product of many years of work; individuals from the Alameda Education Foundation (AEF), League of Women Voters and people interested in school issues were involved; Councilmember Johnson and Mayor Appezzato had to balance the City's viewpoints with the School District's offer; the deal is fair; that he hopes the School District will move forward; there will be a need for more classrooms; finding land for a school in the northern waterfront was difficult; everyone wins from seniors to children. Councilmember Johnson stated AEF, the PTA Council and other members of the community met regularly with Mayor Appezzato, staff and her to provide insight and perspective. Mayor Appezzato stated anything done for the School District and children is done for everyone; the Agreement will not require the School District to go to the voters with a Bond Measure; the City will not have to pay cash for Mastick Center. Councilmember Kerr stated the deal is more than fair; it is generous on the part of the City; the City does not have the taxation power to fund the schools; there is separation in the City Charter on who is to fund the schools; good schools are important to the community, however, the offer is extremely generous. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL COMMUNICATIONS (99-585) Councilmember DeWitt announced the week of November 14th - 20th is National Book Week; the Mayor visited Haight School and read to young kids. (99-586) Councilmember Kerr stated that she welcomes public input and is always glad to see members of the public at the podium; people are always welcome to come to the Meeting(s) and speak to Council. Regular Meeting Alameda City Council November 16, 1999 ADJOURNMENT There being no further business before the City Council, Mayor Appezzato adjourned the Regular Meeting at 10:02 p.m. Respectfully submitted, Di ne B. Fe City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council November 16, 1999