1998-04-21 Special and Regular CC Minutes41.
.s.
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -APRIL 21, 1998- -6:55 P.M.
Mayor Appezzato convened the Special Meeting of the City Council at
6:55 p.m.
ROLL CALL - PRESENT: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
ABSENT: None.
The Special Meeting was adjourned to Closed Session to consider:
(98-182) Conference with Legal Counsel-Existing Litigation, Name
of Case: Alameda Unified School District of Alameda
County v. City, of Alameda, Bureau of Electricity.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that Council gave instructions to the City
Attorney.
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 7:00 p.m.
pectfully submitted,
Dane B. Felsch, CMC
City Clerk
The public notice for this meeting was posted in accordance with
the Brown Act.
Special Meeting
Alameda City Council
April 21, 1998
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -APRIL 21, 1998- -7:00 P.M.
Mayor Appezzato convened the Special Meeting of the City Council at
7:00 p.m.
ROLL CALL - PRESENT:
ABSENT:
Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
None.
The Special Meeting was adjourned to Closed Session to consider:
(98 -183) Conference with Labor Negotiator, Agency Negotiator:
Personnel Director and Austris Rungis; Employee
Organization(s): Alameda Fire Managers Association -
FMA; Alameda Police Officers Association APOA; and
United Public Employees Association #790 (Police
Technicians) - SEIU.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that Council gave instructions to the
City's negotiators.
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 7:30 p.m.'
iane B. Fe
City Clerk
The public notice for this meeting was posted in accordance with
the Brown Act.
Special Meeting
Alameda City Council
April 21, 1998
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - APRIL 21, 1998 - - 7:30 P.M.
Mayor Appezzato convened the Regular Council Meeting at 7:49
Vice Mayor DeWitt led the Pledge of Allegiance.
Reverend David Borglum, Home of Truth Church, gave the Invocation.
p.m.
ROLL CALL - PRESENT:
ABSENT:
AGENDA CHANGES
None.
Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(98-184) Presentation by President of the Public Utilities Board.
Ken Hansen, President of the Public Utilities Board, gave a
presentation on deregulation and submitted a handout to Council.
In response to Vice Mayor DeWitt's inquiry regarding when the City
must comply with deregulation, Mr. Hansen stated public utilities
are not mandated under the same provisions of AB 1890 as investor
owner utilities, however, the Public Utilities Board has decided to
comply with deregulation by late 1999.
Councilmember Kerr inquired whether the high cost of the state-
level bureaucracy to oversee deregulation would be reflected on
power bills or absorbed into income taxes, to which Mr. Hansen
responded that he would request staff to determine whether said
cost can be identified.
Mayor Appezzato stated the Bureau of Electricity [BOE]
traditionally contributed $3 Million to the General Fund and has
provided inexpensive electricity as compared to PG&E; if the City
is not competitive in the era of deregulation, the BOE may be in
jeopardy.
Councilmember Daysog stated Alameda has simultaneously felt the
burdens of major national changes with Base closure and
deregulation; financial health [of the City] is at stake; other
than losing $3 Million in revenue, the City faces having to pay
debt accrued by improving physical utilities infrastructure; it is
Regular Meeting
Alameda City Council
April 21, 1998
P"
imperative to move into Telecommunications; under deregulation,
private companies can pay off stranded costs through a bond
surcharge and the City of Alameda cannot; additionally, allowing
the BOE to enter into Telecommunications and provide fiber optic
lines will encourage economic development.
(98-185) Mayor Appezzato stated that the City received a letter
from the League of California Cities congratulating the City of
Alameda on its anniversary--the City was incorporated into the
State of California on April 19, 1854.
4 4_t
Mayor Appezzato announced that the recommendation to approve a
$570,000 Loan of H.O.M.E. Funds [Paragraph No 98-187] and the
recommendation to authorize the release of the Request for
Proposals for the General Plan Amendment and Update [Paragraph No
98-188] were pulled from the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(*98-186) Minutes of the Special and Regular City Council Meetings
held on April 7, 1998. Approved.
(98-187) Recommendation to approve a $570,000 Loan of H.O.M.E.
Funds to the Alameda Housing Authority for the purpose of acquiring
. .
460 Buena Vista Avenue for Ownership Housing
Don Bergen, Alameda, commented on the City entering into the real
estate business; and stated it is socialism.
Following Mr. Bergen's comments, Councilmember Daysog stated there
are two sources of funds: 1) housing program funds, and 2) a $1.1
Million loan which will be repaid from program income.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(98-188) Recommendation to authorize the release of the Request
for Proposals for the General Plan Amendment and Update.
Councilmember Daysog submitted a letter to Council outlining
proposed amendments to the Request for Proposals [RFP]; stated
that he drafted proposed amendments to make potential consultants
aware that Single-Family detached housing is desired for East
Regular Meeting
Alameda City Council
April 21, 1998
Housing; and summarized proposed amendments.
Councilmember Daysog moved approval of the staff recommendation to
authorize the release of the RFP for the General Plan Amendment and
Update, and approval of Amendment Nos. 1, 3 and 5 [see letter from
. .
Councilmember Daysog submitted to Council].
Councilmember Kerr inquired what the cost of placing the General
Plan on the Internet would be, to which the Planning Director
responded a fully "hypertexted" version could cost from $10,000 to
$20,000; however, as technology improves, costs are lowering.
Councilmember Kerr stated the City ran out of Base Reuse Plans and
had to print extras at great expense; a cost limit [for placing
General Plan on Internet] could be set; and a less automated
version on Internet would not be as costly [as Planning Director's
estimate].
In response to Mayor Appezza o, the Planning Director stated
placing the General Plan on the Internet is convenient and
increases [public] access; and the RFP will be available on the
Internet.
In response to Councilmember Kerr's inquiry, the Planning Director
stated placing the General Plan on the Internet would be addressed
when Council considers award of contract.
Councilmember Kerr requested Councilmember Daysog's motion be
amended to include direction to staff to provide various options
and related costs [of placing the General Plan on the Internet].
Councilmember Daysog agreed to amend the motion.
In response to Councilmember Lucas's inquiry regarding
Councilmember Daysog's proposed amendments, the Planning Director
stated proposed amendment nos. 1, 3, and 5 are acceptable; and
staff will be working with consultants to inform them of all
documents and policies pertinent to the General Plan, such as
Council's direction to have Single-Family detached housing at East
Housing.
Councilmember Lucas seconded the motion, including Councilmember
Kerr's amendment, which carried by unanimous voice vote - 5.
(*98-189) Recommendation to award Contract in the amount of
$197,050 to Ransome Company for Street Maintenance and Repair,
Alameda Point, Phase 2, No P.W. 12-97-30. Accepted.
(*98-190) Recommendation to authorize additional Allocation of
Funds in the amount of $111,200 from AD 93-01 to CIP # 94-15, Bay
Farm Island Dike Emergency Repair Project, No. P.W. 02-98-01.
Regular Meeting
Alameda City Council
April 21, 1998
Accepted.
( *98 -191) Recommendation to authorize expansion of Government
Channel 22 coverage to include occasional Cablecasting as requested
by certain Boards or Commissions which meet in the City Hall
Council Chambers. Accepted.
( *98 -192) Ratified bills in the a
REGULAR AGENDA ITEMS
(98 -193) Resolution No 12981, "Appointing Paul L. Fossum
Member of the City Planning Board." Adopted.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
ount'of $3,213,758.19.
as a
The City Clerk administered the Oath of Office and presented M
Fossum with a Certificate of Appointment.
(98 -194) Introduction of Ordinance Approving and Authorizing
Execution of an Amendment to Lease of Real Property Between City,
as Lessor, and Alameda Swimming Pool Association [ASPA], as Lessee,
for Swimming Pool Facilities at Lincoln and Franklin Parks.
Introduced.
Ray deBlieck, Alameda, stated that he has been a member of ASPA for
14 years and was on the negotiating committee; an article in the
Alameda Journal newspaper quoted ASPA Director, Jean Hillery, as
stating. [lease,, opponents] are ruining the program and do not want
children to have time to swim; two years ago, all the coaches and
over 80% of ASPA swim team left to form a separate team; over
$50,000 in annual revenue walked away; [ASPA] Board did nothing to
prevent separation; last year, the Adult Master Program left; the
entire volunteer staff at Franklin Pool resigned; ASPA `Director
stated ASPA will not change bylaws; [ASPA]` financial procedures
need to be updated; the City should conduct an audit prior to lease
extension; and urged Council to not extend lease because another
non - profit organization would like to operate the pools.
Chris deBlieck, Alameda, stated that she was the former office
manager at Franklin Pool; ASPA resists allowing members to review
financial reports; ASPA has lost members, volunteers, and two swim
teams; [lease opponents] are a group of tax payers and voters who
have good memories on election day; and urged Council to vote no.
Mayor Appezzato stated election day threats, are not appropriate.
Randall Miller, Alameda, stated the facilitation process was
Regular Meeting
Alameda City Council
April 21, 1998
disappointing; ASPA threatened to walk out; member group [lease
opponents] felt pressured by City Officials to sign and [said
group] did not get anything by signing; ASPA Board should implement
changes set forth in the agreement to improve relations with
members; ASPA agreed to allow the President of each pool to occupy
a voting position on the Board of Directors, however, the bylaws
are not being amended to reflect said change; the lease should not
be extended because it does not expire for 3 years; there will be
13 years [3 years remaining of current lease, and the 10 -year lease
extension] of turmoil in the Alameda swimming community; the City
would not suffer any consequences for not signing lease, ASPA Board
would have 3 years to make necessary changes in Board composition
and pool operations; the current ASPA Board operates on basis that
problems will go away, has tarnished the record, and jeopardizes
the future of the ASPA.
Lynn Krekemeyer, Alameda, stated that she has been a pool member
for 12 years and was involved in the mediation process; ASPA
reacted in a vindictive nature, in essence, publicly accusing the
member group [lease opponents] of vandalism against ASPA - -an
unfounded accusation; that she tried to work with the Board in good
faith; and urged Council to oppose the lease extension.
Duke Kiehn, Alameda, stated that he has been a Kinderswim program
teacher for 9 years; existing pool management is not user friendly
and should not be rewarded with a new lease.
Gay Anderson, Alameda, stated that she has been a pool member for
25 years and was selected to represent dissatisfied members; ASPA
Board, mediators, and City representatives persuaded the four -
member representatives [lease opponents]` to sign [mediation
agreement] or no changes would occur; an ASPA Board meeting was
held on April 13, 1998; minutes of said meeting state: member group
verbally agreed to stop harassing, and using derogatory remarks and
vandalism against the ASPA; that she has not used derogatory
statements against the ASPA, vandalized nor does she know anyone
who has; urged Council to not extend the lease.
Raylene Dill, Alameda, Franklin Pool Board of Directors President
and ASPA Trustee, read a statement reflecting ASPA's` and ''her '[Ms.
Dill's] feelings: enough is enough; it is time that the City
Council take a stand and decide whether or not they wish to sign
the lease extension; for 40 years the ASPA has been successfully
managing two pools; and running a successful program at no expense
to the City; approximately two years ago, there was dissention in
theAliegator Swim Team which split into two separate teams; the
split had to do with personnel; Alameda has enough swimmers to
support two teams; dissatisfaction of this dissident group dates
from said split; prior to split there were not requests to change
bylaws; complaints were never made to Trustees directly, but were
taken to the City; ASPA is based on volunteerism; the bylaws were
Regular Meeting
Alameda City Council
April 21, 1998
created to protect the consistency of the program and organization
against radical splinter groups such as this; in the last two
years, this group of individuals has bombarded the City regarding
anything and everything they could create as an issue in a power
play to assume control of the ASPA; it is time to call this
campaign what it is- -harassment; [lease opponents] have attacked
members of the trustees and the pool on both a personal and
community level in these Council Chambers and in meetings; ASPA has
gone as far as they intend to go; ASPA does not intend to change
their bylaws; it is time for Council to decide whether or not the
lease extension will be signed.
Tina Ayer Woods, Alameda, stated that she has volunteered for 11
years; that she is appalled at the way this group [lease opponents]
have treated members and volunteers; said matter has separated a
wonderful organization which has benefitted the community for 40
years; urged Council to extend the lease; and stated that she has
a list of 200 names of children who have benefitted from the
program.
Helen Wonner, Alameda, stated that she has been a member of ASPA
for 10 years; Council should review how many complaints were filed
with the City and by how many different individuals; the purpose of
opposition to lease is to gain control of City pools; there have
not been complaints until the past two years.
Mona Rodrigues, Alameda, stated that she has worked with ASPA for
the past two years and has not had any problems; ASPA has quality
programs; and urged Council to approve the lease.
Councilmember Lucas stated ASPA offers programs at no cost to
Alameda tax payers; the City must stick with the group which has
been able to provide the funds and volunteer time in the past; ASPA
has offered decades of service at no cost [to the City]; dissention
group might have excellent motives, however, without record of
financial and time commitment she will support extension of the
lease.
In response to Vice
authority to manage
is limited by the
internal problems;
lease.
Mayor DeWitt's inquiry regarding the Council's
the Board, the City Attorney stated the Council
Charter and may not get involved in private
the sole decision is whether to extend the
Vice Mayor DeWitt stated the City looks to ASPA to provide service
to the children; said service has been provided; ASPA does not
request any city funds; that he is in favor of going forward with
organization in place [ASPA].
Councilmember Kerr stated that she is concerned over [renewal of
the lease] coming before Council at this time because there are
Regular Meeting
Alameda City Council
April 21, 1998
another three years on the lease; that she was ready to go forward
with awarding lease until she read last ASPA meeting Minutes, which
were posted at the .pools;, the Minutes stated the member group
[lease opponents] verbally agreed to stop vandalism; said statement
means that the group admitted vandalism which is libel, that a
libel statement has been ,posted on City property is upsetting;
shows ASPA's lack of understanding in dealing with people who
disagree. Councilmember Kerr further remarked [regarding earlier
comments by Chris deBlieck and Mayor Appezzato] people stating they
will not vote for Councilmembers is an exercise of democratic
rights. In conclusion, Councilmember Kerr stated for 40 years the
ASPA has provided a service and saved lives, however, it is not
necessary to extend the lease at this time.
In response to Councilmember Daysog's inquiry regarding delaying
extension of the lease for three years, the Recreation Director
stated ASPA believes lease extension is needed to amortize capital
expenditures which were over $101,500; and without a long -term
lease, ASPA's applications for grant funds could be hindered.
Councilmember Daysog stated the service ASPA provides is not being
contended; the City's fiduciary responsibility must be considered;
ASPA does provide a needed service; relations can be improved; the
community should not be torn apart. Councilmember Daysog further
stated that he will support extension of the lease; and directed
the City, Manager to consider ways to prevent a repetition of these
issues as the City moves forward with the pool at Alameda Point.
Councilmember Daysog moved introduction of the ordinance.
Councilmember Lucas seconded the motion.
Under discussion, Mayor Appezzato stated that he would vote his
conscience and not be influenced by what will happen on election
day; every kindergarten child can get free swimming lessons whether
or not families are pool members; ASPA has provided almost 40 years
of service relying on volunteers; the system in, place has worked
well, [lease extension] came before Council in December and was
postponed to allow the City Manager to facilitate between two
groups;. an agreement was signed after the third [mediation]
meeting; there has been dissention since said agreement was signed;
he will support the motion; both sides should continue to discuss
difficulties to make it work.
On the call for the question, the motion carried by the following
voice vote - Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor
Appezzato - 4. Noes: Councilmember Kerr 1.
(98 -195) Introduction of Ordinance Authorizing the City Manager to
Execute all Necessary Agreements and Documents for Assignment of
Ground Lease to Ballena Isle Marina, a Limited Liability Company,
Regular Meeting
Alameda City Council
April 21, 1998
of Real Property Held
Alameda and Ballena Isle
Ltd., General Partner.
Under Lease By and Between the City of
Marina, a Limited Partnership, and Almar,
Introduced; and
(98-195A) Recommendation
Estoppel Agreement.
to approve the Landlord Consent and
Councilmember Lucas moved introduction of the ordinance and
approval of the staff recommendation.
Councilmember Daysog seconded the motion.
In response to Councilmember Kerr's inquiry regarding the amount of
money Ballena Isle Marina has invested in the land; Harry Nelson,
General Partner, Ballena Isle Marina, stated from over $12 Million
to $15 Million since 1982.
On the call for the question, the motion carried by unanimous voice
vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(98-196) Don Bergen, Alameda, stated the White House granted a
Palo Alto company, Space Systems/Loral, and the Hughes Corporation
the ability to sell sophisticated missile guidance technology to
China; President Clinton should be impeached.
(98-197) Jon Rodgers, Alameda, stated that he is opposed to noise
management schemes which discriminate against aircraft noise;
reviewed airport noise complaints in San Leandro, Hayward and
Alameda; and stated the Airport Noise and Capacity Act outlines
types of planes allowed to fly in the Country.
(98-198) Monetha Hatcher, Member, Ad Hoc Homeownership Committee;
stated that she would like to have the Ad Hoc Committee meetings
televised; Committee should meet in the Council Chambers; the
current meeting location [Alameda Point] is not safe and does not
have public transportation.
Mayor Appezzato requested the City Manager to find a way for Ms.
Hatcher to get to and from the meetings to ensure her security; the
entire Committee should address the issue.
Councilmember Kerr stated that a [meeting] place in City Hall
should be considered; a number of bus lines serve said location;
and staff should investigate the availability of City Hall and
whether the Committee wishes to change [location].
Regular Meeting
Alameda City Council
April 21, 1998
I 4
COUNCIL COMMUNICATIONS (Communications from Council)
(98 -199) Councilmember Lucas stated that she has received
questions on the rate structure of green waste and requested a
chart which shows said rate structure, including commercial rates,
in an off- agenda report.
(98 -200) Vice Mayor DeWitt stated in November voters will be
considering ratification of the Utility Users Tax; and suggested a
presentation similar to the Public Utilities Board presentation be
agendized.
The City Attorney stated said matter will be agendized in June.
Vice Mayor DeWitt requested a presentation prior to agendizing the
matter.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
meeting at 9:40 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
April 21, 1998