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1998-01-06 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY - - JANUARY 6, 1998 - - 4:30 P.M. Mayor Appezzato convened the Special Meeting of the City Council at 4:35 p.m. Roll Call - PRESENT: Councilmembers Daysog, DeWitt, Kerr, and Mayor Appezzato - 4. ABSENT: Councilmember Lucas - 1. The Special Meeting was adjourned to Closed Session to consider: (98-1) Conference with Labor Negotiator, Agency Negotiator: Personnel Director and Austris Rungis, Employee Organization(s): United Public Employees Association #790 (Police Technicians) - SEIU; and Conference with Legal Counsel - Anticipated Litigation, Initiation of Litigation pursuant to subdivision (c) of Section 54956.9, Number of Cases: One. Following the Closed Session, the Special Meeting was reconvened and Mayor Appezzato announced that regarding Conference with Labor Negotiator, Council gave instructions to the City's negotiators; and regarding Conference with Legal Counsel - Anticipated Litigation, Council unanimously authorized initiation of litigation against the Port of Oakland challenging the adequacy of the Environmental Impact Report as it pertains to airport expansion. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 5:10 p.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk The notice for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council January 6, 1998 41. MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JANUARY 6, 1998- -7:30 P.M. The City Council Meeting was called to order at 8:24 p.m. by Mayor Appezzato. The Pledge of Allegiance was led by Vice Mayor DeWitt. The Invocation was given by Reverend Dan Weller, Alameda Community Church. ROLL CALL - Present: Absent: Councilmembers Daysog, DeWitt, Kerr and Mayor Appezzato - 4. Councilmember Lucas - 1. AGENDA CHANGES None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (98-2) "Resolution No. 12944, "Declaring Alameda a Hate-Free City." [Mayor Appezzato] Len Grzanka, Alameda, stated the Hate-Free Resolution will undermine free speech. Mayor Appezzato stated that the Resolution had been approved by the City Council at the Regular Council Meeting of December 2, 1997, and the City Social Service Human Relations Board had requested the Resolution be read publicly. Mayor Appezzato read said Resolution. Councilmember Daysog stated that it is worth projecting the values shared by many people; it is important the City Council and the public participate in conversations that keep the community vibrant; a vital part of said conversations is putting forward what Council values. Mayor Appezzato stated Alameda is a wonderful community; it is important that the community state its values; and that he is pleased the City Council unanimously voted in support of the Resolution. CONSENT CALENDAR Mayor Appezzato announced that certain items were withdrawn from Regular Meeting Alameda City Council January 6, 1998 the Consent Calendar for discussion. Councilmember Daysog moved the remainder of the Consent Calendar. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Lucas] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*98-3) Minutes of the Special and Regular City Council Meetings held on December 16, 1997. Approved. (98-4) Recommendation to award contract in the amount of $1,148,950 to Sausal Corporation for Upgrades to Building 39 (Alameda Point) (07-49-03698-39A), No. P.W. 11-97-25. John Fee, Alameda, offered various services in conjunction with the project. Vice Mayor DeWitt stated Building 39 will be occupied by a tenant who will pay back, in less than one year, the amount of money put into upgrades. Vice Mayor DeWitt moved acceptance of the recommendation. Councilmember Kerr seconded the motion. Under discussion, Mayor Appezzato stated the City received a $3 Million Grant from the Economic Development Authority to upgrade the buildings at Alameda Point. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Lucas] (98-5) Recommendation to establish date, time and place for Public Hearing regarding cost for abatement of nuisance at 1310 Pacific Avenue and at 2052 San Antonio Avenue. Don Roberts, Alameda, stated staff originally estimated cost for abatement to be $20,000 to $25,000 to correct what the Council described as a nuisance on Pacific Avenue; staff, without reporting back to Council for approval to exceed the $25,000.00, expended $120,000 in repairs and maintenance; taxpayers' money was spent; the humanitarian thing to do is to file a lien on the owner's property and wait until the house is sold. Mayor Appezzato stated Mr. Roberts may address those issues at the Public Hearing. Vice Mayor DeWitt moved acceptance of the report, including the scheduling of the Public Hearing. Regular Meeting Alameda City Ccuncil January 6, 1998 Councilmember Daysog seconded the motion. Under discussion, Councilmember Kerr stated such cost-overruns should be brought back to the Council. On the call for the questions, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Lucas] (98-6) Resolution No. 12948, "Consenting to and Calling a Joint Public Hearing of the City Council and the Community Improvement Commission of the City of Alameda on the Proposed Community Improvement Plan for the Alameda Point Improvement Project and Consenting to a Concurrent Public Hearing of the Commission on the Delay of Application of California Environmental Quality Act to the Plan on February 17, 1998." Adopted. Bill Smith, Alameda, stated housing should be retained and used by [former] Navy Base employees on welfare. Vice Mayor DeWitt stated that the item before the City Council is the same issue covered at the earlier Special CIC Meeting; the Commission made amendments; and he moved acceptance of said amendments and consent to hold a Public Hearing on February 17. Councilmember Daysog seconded the motion. Under discussion, Councilmember Kerr stated that very careful and long-term planning is necessary on redevelopment issues. On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Councilmember Lucas] (*98-7) Resolution No. 12949, "Establishing 1998 and 1999 Garbage Rates." Adopted. (*98-8) Resolution No. 12950, "Authorizing the Public Works Director to Execute All Necessary Agreements and Documents for Petroleum Violation Escrow Account Funds." Adopted. Recommendation to, by motion, authorize additional Measure B Funds for Lease/Purchase of the Encinal Ferry. Accepted. (*98-9) Ratified bills in the amount of $1,685,561.74. REGULAR AGENDA ITEMS (98-10) Public Hearing to consider a rezoning change from R-2 (Two Family Residence) Zoning District to R-2-PD (Two Family Residence Planned Development Combining) Zoning District and to consider approval of Parcel Map 7181 to subdivide a 6,251 square foot vacant lot, into two (2) parcels, containing 2,957.18 square Regular Meeting Alameda City Council January 6, 1998 feet and 3,293.82 square feet, respectively at 1109 Buena Vista Avenue. Applicant: East Bay Habitat for Humanity. Resolution No. 12951, "Approving Parcel Map 7181 at 1109 Buena Vista Avenue for East Bay Habitat for Humanity." Adopted. Introduction of Ordinance "Reclassifying and Rezoning Certain Property within the City of Alameda from R-2 (Two Family Residence) Zoning District to R-2-PD (Two Family Residence Planned Development Combining) Zoning District by Amending Zoning Ordinance No. 1277, N.S., for that Property Located at 1109 Buena Vista Avenue." Introduced. Councilmember Kerr stated that because she lives close to the Project site, she would not being voting on the matter before Council; Councilmember Kerr left the dais. Mayor Appezzato opened the public portion of the Hearing. On the call for Proponents, the following persons spoke: Proponents: Byron 0. Young, Alameda Nancy Finberg, Alameda, Twin Towers United Methodist Church Lola Brown, Alameda, Twin Towers United Methodist Church J. Ahlberg, Alameda, Twin Towers United Methodist Church Arlene Tennant, Alameda Kay Cossette, Alameda Reverend Mark S. Bolwinkel, East Bay Habitat for Humanity Lois Pryor, Alameda Dan Dixon, World Savings, Oakland John Schuitema, Alameda Roger Rushing, Construction Start, East Bay Habitat for Humanity Kathleen Gardner, Alameda S. Anne Cooper Vastola, Alameda Dan Vastola, Alameda Antoinette Nascimento, Alameda, East Bay Habitat for Humanity Joel T. Mackey, Oakland, East Bay Habitat for Humanity Jack Buckley, First Presbyterian Church Jane Felher, Alameda Interfaith Outreach Council Robert Sawyer, Alameda David McIntyre, Alameda John Platt, Alameda John Fee, Alameda Joanne Lippi, Alameda Doug Flett, Alameda Alma Vilogovac. Mayor Appezzato announced that the following two individuals telephoned City Hall and stated support for the Project: Regular Meeting Alameda C±.ty Council January 6, 1998 Carolyn Queener, Alameda Hilma Kargoll, Alameda. Opponents: None. Mayor Appezzato closed the public portion of the Hearing. Councilmember Daysog moved approval of the Planning Board recommendation: [City Council hold a public hearing, consider all pertinent information and then give first reading to the ordinance to rezone the property from R-2 to R-2-PD Zoning District and approve Parcel Map, PM-7181 with the findings and conditions contained in the Resolution; and authorize the City Engineer to sign the Final Parcel Map]. Vice Mayor DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmember Daysog, Vice Mayor DeWitt and Mayor Appezzato - 3. Absent: Councilmember Lucas - 1. Abstentions: Councilmember Kerr - 1. (98-11) Ordinance No. 2749 N.S., "Amending the Alameda Municipal Code by Amending Subsections 8-5.3 (Twenty-Five Miles Per Hour Prima Facie Limits) and 8-5.5 (Thirty-Five Miles Per Hour Prima Facie Limits) of Section 8-5 (Prima Facie Speed Limits) of Chapter VIII (Traffic and Motor Vehicles), to Establish a Thirty-Five Mile Per Hour Speed Limit on Main Street between Atlantic Avenue and Navy Way." Finally passed. Councilmember Daysog moved final passage of the Ordinance. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Lucas] (98-12) Ordinance No. 2750 N.S., "Amending Ordinance No. 2096 to Provide for an Eight Month Extension of the Existing Cable Franchise Agreement with United Cable Television of Alameda, Inc., doing business as TCI Cablevision of Alameda." Finally passed. Vice Mayor DeWitt moved final passage of the Ordinance. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Lucas] ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (98-13) Don Roberts, Alameda, stated the City is allowed to make purchases on items under a certain amount of money without having to use a competitive bidding process; that he had been informed there are businesses in Alameda which are overlooked when purchases Regular Meeting Alameda City Council January 6, 1998 of that type are made; at least one member of the Council should ask City staff to prepare a report on the matter of legality and the possibility of requiring City staff to first consider selecting Alameda businesses. Mayor Appezzato requested staff to address back to Council. (98 -14) John Fee, Alameda, offered various redevelopment of Alameda Point. he matter and report suggestions for the [Note: Mayor Appezzato left the dais at 9:25 p.m. and returned at 9:28 p.m.] (98 -15) Bill Smith, Alameda, stated when the welfare community re- establishes and re- structures itself from the top down, people will be given forced labor and take away good jobs; questioned where jobs and decent housing will be found if the homeownership [goal] of eight million is met and large numbers of people go off welfare; and stated existing housing stock can be rehabilitated and brought up to Code. COUNCIL COMMUNICATIONS (Communications from Council) (98 -16) Council Approval for Mayor to serve on the Blue Ribbon Water Transit Task Force. [Mayor Appezzato] Councilmember Daysog moved approval of Mayor serving on the Blue Ribbon Water Transit Task Force. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. [Absent: Councilmember Lucas] (98 -17) Mayor Appezzato requested the City Manager to address the matter of the Informational Meeting scheduled for January 8th to discuss the issues concerning the use of 1501 Buena Vista Avenue by J.L. Associates, Inc. The City Manager stated a neighborhood meeting originally had been scheduled at Littlejohn Park on Thursday, January 8th, to discuss concerns regarding the use of 1501 Buena Vista Avenue for storage of certain materials, e.g. ammunition, household cleaning materials; staff concluded it was not prepared because there was no confirmation all three parties would be in attendance: J.L. Associates, the Contractor, and Peter Wang, the warehouse owner; in addition, the 49- person capacity limit could be exceeded at the Littlejohn facility; staff believes it is necessary to postpone Regular Meeting Alameda City Council January 6, 1998 said event, gather additional information, and reschedule the meeting at a larger facility. Mayor Appezzato stated that he requested the item to be placed on a City Council Agenda for a Public Hearing in the very near future; the number of calls and inquiries demands the full attention of the City Council; it will be similar to the health and safety issue Councilmember Daysog brought to our attention and was addressed at a Council Meeting; the Public Hearing and Staff Report should include future zoning, moratoriums--a complete discussion; there is no ammunition at the site and none in the foreseeable future; City should get the facts out in a Public Hearing before the Council. Councilmember Kerr stated the meeting was promised to be publicly noticed by the City of Alameda; it was discovered from both newspapers that the City had failed to give public notice, so the neighborhood put out over 1,000 flyers; an enormous amount of time was expended to publicize the meeting because the City did not do its job; to cancel the meeting is inexcusable; as a Councilmember, she is asking Council, in good faith, to allow the neighborhood Association to use the facility Thursday night. The City Manager stated that someone would be at the facility to address the matter; staff's concern is if all the right parties are not in attendance, it would be difficult to address all the questions that may arise; secondly, because attendance appears to have increased in scale, the amount of space available is limited; it is appropriate to postpone and present [matter] to the City Council. Councilmember Kerr stated that as a Councilmember she would not do that [postpone meeting] to anyone's neighborhood; and stated, for the record, as long as the facility would be open so people can be told what is going on, fine. Mayor Appezzato stated some citizens had requested that the meeting not be held on Thursday because Council should deal with the matter; action may have to be taken; that he may not have all of the information; that he received a flyer and read it for the first time today; the flyer had not been distributed to him as Mayor; there was a lot of information in the flyer that was of concern to him as Mayor; that he thought the flyer and all of the information had to be brought to a full Hearing before the Council; the City does not need an emotional controversy; a discussion is needed where every single issue is addressed. Councilmember Kerr stated it was inexcusable to do that to any part of the public on any issues--to cancel [a meeting] two days in advance; there could always be a Council Meeting after the [Thursday] meeting. Regular Meeting Alameda City Council January 6, 1998 Mayor Appezzato stated Councilmember Kerr could deal with the issue on Thursday, however, he wants a full Hearing at a Council Meeting on the matter. Councilmember Kerr stated it was very interesting that the City made time to listen to J.L. Associates and the Army, and so far has not heard from the neighborhoods. The City Manager stated staff had been diligent in terms of looking at the whole issue; staff proceeded in a systematic way trying to gather information on activities which would occur at the site, before taking any action; that he informed Councilmember Kerr staff intended to schedule a meeting to solicit comments and feedback from members of the community; it was staff's intent, as part of the information gathering process, to speak with, listen to and address concerns and questions of citizens; postponing the [Thursday evening] meeting is a way to provide a venue with the right parties and the right information. Councilmember Kerr stated the handling of the matter had been a disaster from start to finish, and that she hoped it would not happen again. Vice Mayor DeWitt stated Council Communications does not provide the opportunity to discuss items at length. The City Attorney concurred. (98-18) Mayor Appezzato announced the City received a Housing and Urban Development allotment of $1,329,000. (98-19) Mayor Appezzato stated Council received an off agenda report from the Chief of Police on the matter of Juvenile Curfews; that the Chief should bring the matter back to Council if the City of Oakland enacts a curfew; the report should include impacts. (98-20) Mayor Appezzato announced that the Expenditure Plan Development Committee met and approved the Measure B allocation of resources--if Measure B is approved; stated said matter will be presented to the City in February; funds over $15 Million were received for local road projects and maintenance; issue will be presented to Council for approval; every city in the County must vote on it. (98-21) Councilmember Daysog stated, in regard to comments by Bill Smith [noted under Consent Calendar and Oral Communications], that nothing precludes the continuation of the Homeless Collaborative sites at East Housing; the non-Homeless Collaborative sites and the rest of East Housing should be transitioned into single-family homes. Regular Meeting Alameda City Council January 6, 1998 (98-22) Councilmember Kerr stated the Staff Report on the Habitat for Humanity Project stated the majority of the speakers in favor of the Project were from the neighborhood; that she reviewed the addresses filed by speakers at the Planning Board [meeting(s)] and only one (1) person was from the neighborhood; Council should be provided accurate information and should not be misled. (98-23) Councilmember Kerr stated that she observed utility work being done at the Habitat for Humanity Project site [1109 Buena Vista Avenue]; work should not start on projects until Council approval is received. 44,:40,Atd4L:H: There being no further business, Mayor Appezzato adjourned the Regular City Council Meeting at 9:50 p.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council January 6, 1998