1998-05-19 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MAY 19, 1998- -6:35 P.M.
Mayor Appezzato convened the Special Meeting at 6:35 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:
(98-235) Conference with Labor Negotiator, Agency Negotiator:
Personnel Director and Austris Rungis, Employee
Organization(s): Alameda Police Officers Association -
APOA; and United Public Employees Association #790
(Police Technicians) - SEIU.
(98-236) 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 the Mayor announced that regarding Conference with Labor
Negotiator, Council gave instruction to City's negotiators, no
action was taken; and regarding Conference with Legal Counsel, the
City Council discussed initiation of litigation and gave
instructions to the City Attorney.
Adjournment
There being no further business, Mayor Appezzato adjourned the
Special Meeting at 7:15 p.m.
Respectfully submitted,
Diane B. Fe
City Clerk
42 /7
7/,1,7
sch, CMC
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Meeting
Alameda City Council
May 19, 1998
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 19. 1998- -7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 7:54 p.m.
ROLL CALL - PRESENT: Councilmembers Daysog, DeWitt, Kerr,
Lucas, and Mayor Appezzato - 5.
ABSENT: None.
AGENDA CHANGES
None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(98-237) Mayor Appezzato announced that he accepted an award from
the Alameda Architectural Preservation Society on behalf of the
City, which included a $100 donation; the City received said award
for the renovation of City Hall. The Mayor read the plaque and
requested the City Manager to place said plaque in an appropriate
location.
(98-238) Mayor Appezzato stated there have been articles in the
newspaper on lead abatement at [Alameda Point] Naval facilities;
announced that he met with head of the Naval Facilities Engineering
Command, David Nash, to look at the housing; and Mr. Nash gave
strong indication that he [Mr. Nash] will look into the matter
which is an internal Naval issue.
(98-239) Presentation of Certificate of Service to former Economic
Development Commission Member James M. Kennedy.
Mayor Appezzato presented a Certificate of Service to Mr. Kennedy.
(98-240) Presentation by Wilma Chan, Co-Chair, Alameda
Collaborative for Children, Youth, and their Families, regarding
the Collaborative's Community Assessment.
Alameda County Supervisor Wilma Chan presented the Community
Assessment prepared by Alameda Collaborative; summarized the
Assessment findings for the City of Alameda; and requested Council
endorsement of the Community Assessment.
In response to Mayor Appezzato's inquiry regarding whether Council
could accept or endorse of the Community Assessment, the City
Attorney stated Council could vote to accept said document.
Regular Meeting
Alameda City Council
May 19, 1998
41
Councilmember Lucas inquired whether Council could endorse the
Assessment this evening, to which the City Attorney responded that
she does not believe so.
Mayor Appezzato directed staff to place endorsement of the
Collaborative's Community Assessment on a future agenda.
Councilmember Lucas moved acceptance of the Community Assessment.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(98-241) Mayor Appezzato announced that he received a letter from
the California Academy of Sciences which states the Academy intends
to donate tower clock dating back to the late 1800's; gave a brief
history of the clock; and stated the City has the clock, now just
the tower is needed.
(98-242) Proclamation Supporting Alameda's Relay for Life: A Team
Event to Fight Cancer, May 30 - 31, 1998.
Mayor Appezzato presented the Proclamation to Committee Chair,
Nancy Wonder.
Ms. Wonder encouraged Alamedans to participate in the event at
Encinal High School.
In response to Mayor Appezzato's inquiry, Ms. Wonder stated the
Luminary Ceremony is on Saturday night [May 30th] at 9:00 p.m.
Vice Mayor DeWitt stated that he attended the candle lighting
ceremony last year and encouraged those interested to attend said
ceremony.
CONSENT CALENDAR
Mayor Appezzato announced that the Resolution Authorizing
Negotiations in the Open Market for Building One Upgrades
[paragraph no. 98-250] and Introduction of Ordinance Approving and
Authorizing the Execution of a Sublease Agreement for the Use of
the Alameda Point Shoreline Park as a Dog Park Site [paragraph no.
98-251] were withdrawn 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.
(*98-243) Minutes of the Regular City Council Meeting held on May
5, 1998. Approved. •
Regular Meeting
Alameda City Council
May 19, 1998
(*98-244) Recommendation to adopt plans and specifications and
authorize calling for bids for Signalization of Park Street and
Blanding Avenue, No. P.W. 11-97-21. Accepted.
(*98-245) Recommendation to authorize additional allocation of
Funds in the amount of $85,042 for Building 530 Upgrades, No. P.W.
11-97-29. Accepted.
(*98-246) Recommendation to authorize the City Manager to execute
the Second Amendment to the Measure B Funding Agreement by and
between Port of Oakland, City of Alameda, City of Oakland, and the
Alameda County Transportation Authority for the Airport Roadway
Project. Accepted.
(*98-247) Resolution No. 12987, "Supporting AB 2586 (Ortiz)
Regarding Control Over Ambulance Services." Adopted.
(*98-248) Resolution No. 12988, "Resolution of Intention to Levy an
Annual Assessment on the Alameda Business Improvement Area of the
City of Alameda for FY 1998-99 and Setting Public Hearing for June
2, 1998." Adopted.
(*98-249) Resolution No. 12989, "Preliminarily Approving Annual
Report Declaring Intention to Order Levy and Collection of
Assessments and Providing for Notice of July 21, 1998 Hearing
Thereof - Island City Landscaping and Lighting District 84-2."
Adopted.
(98-250) Resolution No. 12990, "Authorizing Exception to Bidding
Requirements Due to Great Necessity Pursuant to Section 3-15 of the
City Charter, and Authorizing Negotiations in the Open Market for
Building One Upgrades in an Amount not to Exceed $580,000."
Adopted.
Councilmember Daysog stated that he had concern on the transition
of City facilities from the City's historic core to Alameda Point;
from a financial perspective, there is something to be gained from
the move; that he is now in favor of moving offices to Alameda
Point; the City will remain committed to having quality services in
the historic core.
Councilmember Kerr moved adoption of the Resolution.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr stated moving offices will
bring Alameda Point into the City's consciousness and will end the
attitude of two cities.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Regular Meeting
Alameda City Council
May 19, 1998
(98-251) Ordinance Approving and Authorizing the Execution of a
Sublease Agreement Between the Alameda Reuse and Redevelopment
Authority, as a Sublessor of the United States of America, Acting
through the Department of the Navy, and the City of Alameda, as a
Subtenant, for the Use of the Alameda Point Shoreline Park as a Dog
Park Site. Introduced.
Robert Todd, Alameda, stated the dog park is a tremendous facility
which gives dog owners a place to go; dogs all get along off
leashes; the proposed site has glass, rocks, pavement and
inadequate access to the water; the dog park should stay in its
current location; a monumental amount work would be required to get
proposed site up to standard of present park; the [current] dog
park should become permanent.
Kenneth H. Sayers, Alameda, stated beaches in Richmond and Carmel
allow dogs off leashes without fencing; dogs play well together off
leashes; such a facility should remain available in Alameda; costly
fencing is probably not necessary.
Francie Farinet, Alameda, encouraged Council approval; stated
proposed site is the only location available; suggested perhaps the
City could pay for improvements because the Dog Park Committee is
paying for fencing; and encouraged attendance at May 28th fund
raiser.
In response to Vice Mayor DeWitt's inquiry regarding the drawing
presented to the Planning Board which depicted trees and shrubbery,
the Planning Director stated a Use Permit was approved; the diagram
submitted by the applicant represents the long term [plan];
landscaping was not required as a specific condition because the
dog park will be funded by volunteer labor; plan provides the scope
of work, however, the park may open without landscaping.
Former Councilman Lil Arnerich, Alameda, summarized the history of
the agreement with East Bay Regional Park District to allow
temporary use of current dog park site; stated the Dog Park
Committee will raise funds for fencing; views of recreation differ;
Council should find funds to support the dog park.
In response to Councilmember Kerr's inquiry regarding the
availability of drinking water, the Park Administration Manager
stated, initially, water will be used from the Ferry terminal and
restroom facilities; $30,000 would be required to put in a meter
and trenching.
Councilmember Kerr moved introduction of the Ordinance.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
Regular Meeting
Alameda City Council
May 19, 1998
4 4
***
Council recessed at 8:34 p.m. and reconvened at 8:40 p.m.
**
(*98-252) Ratified bills in the amount of $1,582,737.34.
REGULAR AGENDA ITEMS
(98-253) Recommendation to authorize Staff to apply for a 1998
Certified Local Government Grant for funding to publish a history
of Park Street.
Don Bergen, Alameda, stated grants are gifts--free money for those
who have not earned it; Mr. Brady [Chair, Historical Advisory
Board] has lofty proposals which could cost the taxpayers millions;
building owners should raise $30,000 for said project.
Councilmember Lucas moved approval of the staff recommendation.
Vice Mayor DeWitt seconded the motion.
Under discussion, Councilmember Daysog inquired if local match
funds will be through an in-kind contribution instead of cash, to
which the Planning Director responded in the affirmative.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(98-254) Resolution No. 12991, "Designating May 31, 1998 as
Alameda Stand for Children Day." Adopted.
Don Bergen, Alameda, stated two parents are needed to raise
children; this is socialist government intrusion into our lives;
the child care problem would not exist if taxes were lower.
Councilmember Lucas moved adoption of the Resolution.
Councilmember Daysog seconded the motion.
Under discussion, Mayor Appezzato read the Resolution and requested
Barbara Kahn to say a few words.
Ms. Kahn thanked the Mayor and Council for their support and stated
the entire community has shown tremendous support.
Vice Mayor DeWitt stated the Stand for Children Program is an
example of how to show we love and care for our children.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Regular Meeting
Alameda City Council
May 19, 1998
(98-255) Ordinance Authorizing the City Manager to Execute all
Necessary Agreements and Documents for Assignment of Ground Lease
to Harbor Bay Storage, a Limited Liability Company, of Real
Property Held Under Lease By and Between the City of Alameda and
Harbor Bay Village Five Associates, a California Limited
Partnership. Introduced; and
(98-255A) Recommendation to approve Landlord Consent and Estoppel
Agreement, Certificate of Compliance, Waiver of Parcel Map, and
authorize the City Manager to execute escrow documents.
Steve Brimhall, Executive Vice President, Doric Group, stated this
project [construction of recreational vehicle (RV) parking and
ministorage facility] satisfies one of the longest running
conditions of the Harbor Bay project imposed by Planning Board in
1981; the City is obligated under November 1988 Settlement
Agreement; said Agreement gave the City four acres of land which is
now Tillman Park, and in return Harbor Bay received lease of the
Gun Club to build a RV facility; specific terms of lease, including
obligation to subordinate construction loan, are contained in
Development Agreement which was approved in 1989 by the City
Council; in alliance with the terms of the Settlement Agreement and
the Development Agreement, over $300,000 has been spent on this
project, including over $55,000 for permits, over $45,000 for rent
and $35,000 to take over the Island City Gun Club lease; the
property was contaminated and it took eight years to remedy; all
clean up has been completed except two items which will be
completed with improvements: 1) capping the site, and 2) putting in
storm drain system; project provides long awaited and much needed
service to the neighborhood, and cleans up and beautifies an eye
sore; the property is located in an airport safety zone which has
limited use; said project will increase property tax value by over
$2 Million.
In response to Mayor Appezzato's inquiry regarding the project
being required, Mr. Brimhall stated 1981 Planning Board Resolutions
and the 1988 litigation implemented in 1989 Development Agreement
approved by the City Council, cause the project to be required.
Mayor Appezzato further inquired whether the City will share in
profits, to which Mr. Brimhall responded after the developer
recovers cost, the City will share 50% of net proceed profit.
In response to Mayor Appezzato's inquiry for an estimate of the
amount which will be contributed to General Fund, Mr. Brimhall
stated the City's share should start at $60,000 to $70,000 per year
after developer's costs are recovered.
Mayor Appezzato inquired whether said land would revert back to
City after the lease expires, to which Mr. Brimhall stated a 25
year lease began in 1989, with one option to renew for an
Regular Meeting
Alameda City Council
May 19, 1998
146
additional 25 years.
In response to Mayor Appezzato's further inquiry whether housing or
a commercial business park could be constructed at the site, Mr.
Brimhall stated there are two safety zones--one does not allow
structures, and the other allows limited structures and limits the
number of people present at one time to 25.
Mayor Appezzato inquired whether this was a legally binding
contract imposed by a previous City Council, to which the City
Attorney responded in the affirmative.
Councilmember Kerr stated land belonging to the City would be used
as collateral for the loan; if foreclosed upon, title would go to
the lender and the City would lose approximately $2 Million worth
of land; that she is further concerned that the project has been
required since 1981 and nothing has happened until now; [Harbor
Bay] has been through bankruptcy; City could lose land if Harbor
Bay Storage defaults on loan; all information comes from Harbor
Bay; information should be supplied by City staff; language
indicates clean up has taken place.
In response to Councilmember Kerr's comments regarding clean up,
Mr. Brimhall stated all clean up has been completed except two
items previously mentioned.
Councilmember Kerr moved that said matter be delayed until the City
Council receives further information from staff and Harbor Bay.
The motion failed due to lack of a second.
Mayor Appezzato stated title will not go to the mortgage company
unless no one attempts to cure; the City would have the opportunity
to cure; title does not automatically transfer to the lender.
Mayor Appezzato requested the City Attorney and City Manager to
verify whether any information which he discussed was incorrect,
misleading or inappropriate.
Gerhard Degemann, Alameda, stated Mr. Brimhall's explanation of the
Settlement Agreement is correct; in 1989, Council was pleased to
reach an agreement which allowed Harbor Bay to finally move
forward; and urged Council to approve the agreement.
Vice Mayor DeWitt moved authorization for the City Manager to
execute escrow documents necessary to meet the terms and conditions
of the existing Lease.
Councilmember Lucas seconded the motion.
Under discussion, Councilmember Daysog stated that he opposed a RV
Regular Meeting
Alameda City Council
May 19, 1998
park in the West End and his support would be hypocritical; there
are benefits, however, he cannot support said project.
Councilmember Kerr stated the City will receive 50% of the net
operating revenue adjusted for depreciation; inquired whether
"adjusted for depreciation" is anywhere in the definition of "net
operating income" in the original Ground Lease Agreement; stated
one can have positive cash flow and legitimate depreciation could
cause book income to be negative.
The Public Works Coordinator stated net income is defined as
reduced by depreciation in the Ground Lease Agreement; normally
depreciation is not part of net income; legal interpretation would
be required.
In response to Councilmember Kerr's inquiry whether definitions
should be clarified before entering into agreement, the Public
Works Coordinator stated net operating income will be negotiated;
both parties have negotiated well in the past; legal interpretation
is not needed now, Council is simply approving assignment and
estoppel [agreement] which allows Harbor Bay to move forward with
the project.
Councilmember Kerr stated that she cannot imagine approving a
project if interpretation of the document is not complete.
The City Attorney requested the motion be amended to include
additional staff recommendations.
Vice Mayor DeWitt agreed to amend the motion to approve staff
recommendations.
Councilmember Lucas seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers DeWitt, Lucas, and
Mayor Appezzato - 3. Noes: Councilmembers Daysog and Kerr - 2.
(98-256) Ordinance No. 2760 N.S., "Amending Ordinance No. 2057, an
Ordinance of the City of Alameda Relating to the Financing of
Industrial and Commercial Development Within Said City in the
Interests of the Public Health, Safety and Welfare. Finally
passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(98-257) Ordinance No. 2761 N.S., "Amending the Alameda Municipal
Code by Amending Section 8-7.8 (Leaving Vehicles on a Street in
Excess of Seventy-Two (72) Hours), of Section 8-7 (Parking
Prohibitions), to Chapter VIII (Traffic and Motor Vehicles).
Regular Meeting
Alameda City Council
May 19, 1998
1
Finally passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
(98 -258) Ordinance No. 2762 N.S., "Amending the Alameda Municipal
Code by Amending Subsection 3 -62.6 ( Exemptions) of Section 3 -62
(Improvement Tax), of Chapter III (Finance and Taxation) by Adding
Subsection 3- 62.6(d) Pertaining to Assessment of Improvement Tax.
Finally passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote 5.
ORAL COMMUNICATIONS, NON- AGENDA (Public Comment)
(98- 259) Don Bergen, Alameda, requested the June 2, 1998 [Regular]
Council Meeting be changed to June 1st or June 3rd because June
2nd is an Election Day; stated there are numerous items on the
Ballot, such as Proposition 226 which brings campaign finance
reform to California; said proposition does not allow employers or
unions to use employees wages for political campaigns without
permission; federal law is not enforced; urged residents to vote;
and submitted information on Proposition 226.
COUNCIL COMMUNICATIONS (Communications from Council)
(98 -260) Consideration of Mayor's nominations (2) for appointment
to the Civil Service Board.
Mayor Appezzato nominated Barry Chinn and Edwin Cooney for
reappointment.
(98 -261) Consideration of Mayor's nominations (2) for appointment
to the Economic Development Commission.
Mayor Appezzato nominated Robert Kemp for the Community -at -Large
seat and Charles Ward for Retail /Commercial seat.
(98 -262) Consideration of Mayor's nomination for appointment to
the Historical Advisory Board.
Mayor Appezzato nominated Ben Tilos.
(98 -263) Consideration of Mayor's nominations (3) for appointment
to the Housing Commission.
Regular Meeting
Alameda City Council
May 19, 1998
Mayor Appezzato nominated Arthur Kurrasch, David Mercado, and
Robert Ryan for reappointment.
(98-264) Consideration of Mayor's nomination for appointment to
the Library Board.
Mayor Appezzato nominated Katsuyuki Sakamoto for reappointment.
(98-265) Consideration of Mayor's nomination for appointment to
the Public Utilities Board.
Mayor Appezzato nominated Mark Hanna for reappointment.
(98-266) Mayor Appezzato requested the Agreement with Grubb and
Ellis regarding the sale of 10.28 Acres be placed on an agenda.
(98-267) Mayor Appezzato requested a report on the cost to repair
the swimming pool at Alameda Point; stated there could be a
possibility of grant monies.
(98-268) Mayor Appezzato directed staff to meet with Gary
Soulages, a graffiti fighter; many people are posting flyers and
stickers on [utility] poles requiring costly maintenance; Mr.
Soulages suggests signs be posted in regard to fines.
(98-269) Mayor Appezzato requested a staff report on earmarking
[Federal] funds for 1880/980 [Broadway/Jackson] interchange,
including letters to Senators and Members of the Assembly.
(98-270) Mayor Appezzato directed staff to review a letter from
Dave Thompson [dated April 25, 1998] regarding the feasibility of
walk signs [at the corner of Otis and Park].
(98-271) Councilmember Daysog stated for public notice purposes,
he wants to indicate: 1) that he had initially requested the City
Manager to produce a report on stranded costs facing the Bureau of
Electricity, and he had added to said initial request a discussion
on exit fees; 2) he had requested the City Manager and the City
Attorney to report on Project Area Committees and the ramifications
with respect to redevelopment; and 3) initial reports had already
been submitted to the City Council.
(98-272) Vice Mayor DeWitt directed staff to schedule a [Special
Orders of the Day] presentation on high school students' work
program.
The City Manager noted a presentation was scheduled for June 2,
1998.
(98-273) Councilmember Kerr stated that she reinforces
Councilmember Lucas's request for a [green waste] recycling fee
Regular Meeting
Alameda City Council
May 19, 1998
schedule, including [fees for] single family dwellings and
apartments.
ADJOURNMENT
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 9:23 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
May 19, 1998