1998-06-02 Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JUNE 2, 1998- -6:35 P.M.
Mayor Appezzato
6:40 p.m.
ROLL CALL -
convened the Special Meeting of the City Council at
PRESENT: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
ABSENT: None.
The Special Meeting was adjourned to Closed Session to consider:
(98-274) Conference with Legal Counsel - Anticipated Litigation;
Initiation of Litigation pursuant to subdivision (c) of
Section 54956.9; Number of Cases: One.
(98-275) Conference with Real Property Negotiator; Property: 10.28
Acre Parcel - APN 074-1332-32-1.
(98-276) Conference with Legal Counsel - Existing Litigation; Name
of Case: Lueras v. City of Alameda.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding Anticipated Litigation the
Council gave instructions to City staff to prepare a comment letter
on the final EIR/EIS and staff is to pursue resolution of issues
impacting Alameda and litigate if a settlement agreement with the
Port of Oakland is not reached; regarding Conference with Real
Property Negotiator Council gave instructions to the City's real
property negotiators to continue negotiations and bring the sale
back in open session for action; and regarding Existing Litigation
the City Council gave instructions to the City Attorney on
settlement of litigation on Lueras v. the City of Alameda.
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 7:10 p.m.
Respectfully submitted,
Diane B. Fe sch, CNC
City Clerk
The public notice for this meeting was posted in accordance with
the Brown Act.
Special Meeting
Alameda City Council
June 2, 1998
1 i2
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -JUNE 2, 1998- -7:30 P.M.
Mayor Appezzato convened the Regular Council Meeting at 7:50
Councilmember Kerr led the Pledge of Allegiance.
Reverend Myong Bae Choi, Alameda Korean Presbyterian Church
the Invocation.
ROLL CALL - PRESENT:
ABSENT:
AGENDA CHANGES
p.m.
gave
Councilmembers Daysog, DeWitt, Kerr,
Lucas, and Mayor Appezzato - 5.
None.
(98-277) Mayor Appezzato announced that the recommendation to
authorize letter of support to Senator Boxer for 1880/980
Improvement Program [Paragraph No 282] would not be heard.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(98-278) Presentation on Work for Alameda Youth (WAY).
Kim Coulhurst, WAY Coordinator, and the following students:
Jonathan Torres, Dinh Luong, Laura Howard, Kim Ly, Vicky Lee, and
Lester Herrera gave a presentation on the youth employment program
and encouraged Alameda businesses to contact WAY to hire youths.
(98-279) Mayor Appezzato commended Barbara Kahn and Amanda
Krueger, the youth representing Alameda, for their work on Stand
For Children Day.
Ms. Krueger stated the event was a success and thanked the City for
its support.
CONSENT CALENDAR
Mayor Appezzato announced that various items were withdrawn from
the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar.
Vice Mayor 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.]
Regular Meeting
Alameda City Council
June 2, 1998
(*98-280) Minutes of the Special and Regular City Council Meetings
held on May 19, 1998. Approved.
(*98-281) Recommendation to endorse Alameda Collaborative for
Children, Youth and Their Families Community Assessment Report.
Accepted.
(98-282) Recommendation to authorize letter of support to Senator
Boxer for $15 Million Federal Earmark for 1880/980 Improvement
Program. Not heard.
(98-283) Recommendation to accept report on the effects of
deregulation on recovery of Stranded Assets and the use of "Exit
Fees" to assist in paying off Stranded Assets,
Councilmember Daysog stated that he placed said matter on the
agenda since the voters will be considering a Charter Amendment to
allow the Bureau of Electricity [BOE] to expand services into
Telecommunications; deregulation will allow residents to have a
choice in selection of utility providers, placing the BOE's
financial status at risk; and the City will have to deal with
challenges such as stranded costs. Councilmember Daysog gave an
overview of stranded costs and requested the Operations Assistant
General Manager, Cliff Hubbard, to address said issues.
Mr. Hubbard stated at present value, the Bureau has $109 Million in
stranded costs which will be mitigated through the most prudent
management practices; stranded cost is generation costs and
capacities above market value; the BOE has put approximately $20
Million in reserves to cover said costs through at least 2005, and
has put a vehicle through Northern California Power Association to
refinance some of the generation which helps spread the cost beyond
2005.
Councilmember Daysog inquired whether People opting out [choosing
other service providers] puts the steady revenue stream needed to
cover stranded costs at risk, to which Mr. Hubbard responded as
people leave the system [chose other service providers], the BOE
still has to pay for stranded cost and the customer does not walk
away from said costs until after 2005.
In response to Councilmember Daysog's further inquiry regarding
entering into new areas [Telecommunications] to provide extra
revenue, Mr. Hubbard stated other businesses are proposed to
contribute to the General Fund and to continue City services.
Councilmember Daysog moved acceptance of the report.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
Regular Meeting
Alameda City Council
June 2, 1998
(98 -284) Recommendation to award Recycling and Waste Reduction
Grants for Fiscal Year 1998 -99 to Five Alameda Non- Profit
Organizations.
Don Bergen, Alameda, stated money should be given back to those
paying for garbage service in the form of a rebate.
Councilmember Kerr stated money is being used to encourage
environmental and recycling concerns; the efforts of the Bay /Eagle
Community Garden composting classes have been run by a dedicated
volunteer; money going to said organization will be used for a
storage area and chairs for those taking classes.
Mayor Appezzato stated the four other organizations are also worthy
of contributions.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5e
( *98-285) Recommendation to award Recycled Product Purchase Grants
for Fiscal Year 1998 -99 to Four Alameda Organizations. Accepted.
(98 -286) Recommendation to accept work of Golden Bay Construction,
Inc., for Mastick Senior Center Accessibility Improvements Project,
No P.W. 01 -97 -01
Don Bergen, Alameda, commented on the lack of necessity and expense
of improvements; stated Georgina Jones [Director, Mastick Senior
Center] informed him [Mr. Bergen] that Mastick has not done an
annual report for years, and requested the City Manager to review
said matter.
Allen Derr, Alameda, stated the improvements are great, however,
money should be withheld from the contractor because some concrete
work needs to be redone.
In response to Mayor Appezzato's inquiry, the Public Works Director
stated 10% retention is withheld until the notice of completion is
filed; Council can approve the recommendation and staff can still
respond to said matter.
Councilmember Lucas moved approval of the staff recommendation.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
( *98 -287) Recommendation to Authorize the Executive Director of
Alameda Reuse and Redevelopment Authority to award Contract for
Consultant Design Services in the amount of $267,000 to VBN
Regular Meeting
Alameda City Council
June 2, 1998
Architects for Renovation of Building 16, Alameda Point, No. P.W.
05- 98 -14. Accepted.
( *98 -288) Recommendation to authorize installation of Stop Signs on
Jackson Street at Mound Street. Accepted.
(98 -289) Resolution No. 12992, "Supporting the Continued Use of
the Existing Transbay Transit Terminal and the Ramps which Serve
that Facility." Adopted.
Don Bergen, Alameda, stated that he supports adoption of the
Resolution.
Allan Shore, Alameda, stated that he intends to run for AC
Transit's Board of Directors; placement of Transbay Terminal is not
only matter; gives opportunity to request responsiveness from AC
Transit; issue shows [AC Transit] is a strong player and deserves
funding; there has been improvement of transit overall; urged
Council to adopt the Resolution.
Alice Creason, AC Transit Board of Directors, stated approval of
the Resolution is in the best interest of Alameda; use of terminal
and ramps is critical for access to San Francisco; loss of the
ramps will take away the readiness and availability of buses to
return riders to the East Bay.
Mayor Appezzato stated the terminal is not useful without ramps;
that he will support adoption of the Resolution.
Councilmember Kerr stated people from all over the East Bay and two
members of the City Council attended a MTC Task Force Meeting; San
Francisco wants to tear down the east ramp which would send
transbay traffic into gridlock of San Francisco streets and hamper
AC Transit's service, after all the hearings and opposition, MTC
staff still recommended the removal of the terminal ignoring the
hundreds of people who spoke in opposition at meetings; to maintain
good [transit] service Council must support the Resolution.
Councilmember Daysog stated that he supports tearing down the
terminal for larger reasons; construction could occur and office
jobs could be created; there is a lot of space for buildings to be
created [at terminal site], [construction of buildings at site] is
important to economic vitality of the region, and could create more
jobs for Alamedans who wish to commute to San Francisco; the net
sum is Alameda could benefit.
In response to Councilmember Daysog's comments, Ms. Creason stated
there will be an increased need for those using the terminus and
the proposed facility is limited in both in its construction and
movement for the buses; said project would be costly to build, and
would not accommodate growth.
Regular Meeting
Alameda City Council
June 2, 1998
Councilmember Lucas stated there is gridlock on the Bay Bridge;
public transportation is necessary.
Mayor Appezzato stated maintaining the terminal is absolutely
necessary.
Councilmember Kerr moved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers DeWitt, Kerr, Lucas and
Mayor Appezzato - 4. Noes: Councilmember Daysog - 1.
(98-290) Resolution No. 12993, "Approving Final Map, Bond and
Subdivider's Agreement for Tract 6969 (Schuler Homes)." Adopted.
Councilmember Kerr stated that she is voting against said matter
for reasons previously stated [at May 19, 1998 Community
Improvement Commission Meeting].
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Daysog seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas,
and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1.
(*98-291) Introduction of Ordinance Approving and Authorizing the
Execution of a Sublease Agreement Between Alameda Reuse and
Redevelopment Authority, as a Sublessor, and the City of Alameda,
as Subtenant, for the Use of Building One at Alameda Point for City
Hall West. Introduced.
(98-292) Introduction of Ordinance Approving and Authorizing the
Execution of Lease Agreement Between the City of Alameda and the
Alameda Beltline for a Parcel of Land Along Atlantic Avenue at West
Campus Drive for the Installation of Americans with Disabilities
Act Required Upgrades and a Bus Bench. Introduced.
In response to Councilmember Kerr's inquiry regarding insurance
costs, the Supervising Civil Engineer stated the City has a global
insurance policy; said project does not add to risk.
Councilmember Kerr moved introduction of the Ordinance.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(*98-293) Introduction of Ordinance Approving and Authorizing the
Execution of Lease Agreement Between the City of Alameda and the
Alameda Beltline for a Parcel of Land Along Atlantic Avenue at
Poggi Street for the Installation of Americans with Disabilities
Act Required Upgrades and a Bus Bench. Introduced.
Regular Meeting
Alameda City Council
June 2, 1998
( *98 -294) Ratified bills in the amount of $1,616,686.45.
REGULAR AGENDA ITEMS
(98 -295) Resolution No. 12994, "Reappointing Barry E. Chinn as a
Member of the City Civil Service Board." Adopted.
Councilmember Lucas moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(98 -296) Resolution No. 12995, "Reappointing Edwin Cooney as a
Member of the City Civil Service Board." Adopted.
Councilmember Lucas moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Cooney with a Certificate of Appointment.
(98 -297) Resolution No. 12996, "Appointing Robert Kemp as a Member
of the City Economic Development Commission." Adopted,
Councilmember Lucas moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Kemp with a Certificate of Appointment.
(98 -298) Resolution No. 12997, "Appointing Charles Ward as a
Member of the City Economic Development Commission." Adopted.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Ward with a Certificate of Appointment:
(98 -299) Resolution No. 12998, "Appointing Ben Tilos as a Member
of the City Historical Advisory Board." Adopted.
Councilmember Daysog moved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
Regular Meeting
Alameda City Council
June 2, 1998
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Tilos with a Certificate of Appointment.
(98 -300) Resolution No. 12999, "Reappointing Arthur Kurrasch as a
Member of the City Housing Commission." Adopted.
Councilmember Lucas moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Kurrasch with a Certificate of Appointment.
(98 -301) Resolution No. 13000, "Reappointing David A. Mercado as
a Member of the City Housing Commission." Adopted.
Councilmember Lucas moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by
voice vote - 5.
(98 -302) Resolution No 13001, "Reappointing Robert Ryan as a
Member of the City Housing Commission." Adopted.
Councilmember Lucas moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Ryan with a Certificate of Appointment.
(98 -303) Resolution No 13002, " Reappointing Katsuyuki Sakamoto as
a Member of the City Library Board." Adopted.
Vice Mayor DeWitt moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Sakamoto with a Certificate of Appointment.
(98 -304) Resolution No 13003, "Reappointing Mark Hanna as a
Member of the Public Utilities Board." Adopted.
Vice Mayor DeWitt moved adoption of the Resolution.
unanimous
Regular Meeting
Alameda City Council
June 2, 1998
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office and presented Mr.
Hanna with a Certificate of Appointment.
(98-305) Public Hearing to Consider Adoption of Resolution No.
13004, "Confirming the Business Improvement Area Report for FY
1998-99 and Levying an Annual Assessment on the Alameda Business
Improvement Area of the City of Alameda for FY 1998-99." Adopted.
Mayor Appezzato stated there were no speakers.
Councilmember Daysog moved acceptance [of the staff
recommendation].
Councilmember Lucas inquired whether Council should move closure of
the Public Hearing.
Councilmember Daysog amended his motion to close the Public
Hearing.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
Mayor Appezzato stated the Public Hearing was closed.
In response the City Clerk's inquiry, Councilmember Daysog stated
that he moved both adoption of the Resolution and closure of the
Public Hearing.
For clarification, Mayor Appezzato requested a motion be made
adopting the Resolution.
Councilmember Daysog moved adoption of the Resolution.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(98-306) Resolution No. 13005, "Designating June 7 through June 14
Alameda Homeownership Week." Adopted.
John Abrate, Co-Chair, Ad Hoc Homeownership Committee, urged
Council to adopt the Resolution.
Mayor Appezzato gave an overview of the various projects which are
providing homeownership opportunities.
Councilmember Kerr stated that she will send a copy of the report
to Eve Roberson, head of the Political Action Committee for the
Alameda Board of Realtors, who worked on homeownership for years;
Regular Meeting
Alameda City Council
June 2, 1998
in
another unsung hero is Jim Bermel who suggested AFL -CIO [Union]
housing trust funds be solicited which the Community Development
Department acquired for the City; Mr. Bermel recently informed her
[Councilmember Kerr] that another union pension fund also might
have some money available.
Councilmember Lucas moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion.
Under discussion, Mayor Appezzato stated homeownership can only be
increased by increasing the housing stock.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(98 -307) Ordinance No. 2763, "Approving and Authorizing the
Execution of a Sublease Agreement Between the Alameda Reuse and
Redevelopment Authority, as a Sublessor of a Leasehold Interest
Acquired from 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." Finally passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Kerr seconded the motion.
Under discussion, Mayor Appezzato stated unfortunately the dog park
could not remain at its current location.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(98 -308) Ordinance No. 2764, "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." Finally passed.
Vice Mayor DeWitt moved final passage of the Ordinance.
Councilmember Lucas seconded the motion.
Under discussion, Councilmember Daysog stated that his comments
[from May 19, 1998 Council Meeting] still hold.
On the call for the question, the motion carried by the fol owing
voice vote: Ayes: Councilmembers DeWitt, Lucas, and Mayor
Appezzato - 3. Noes: Councilmembers Daysog and Kerr - 2.
Regular Meeting
Alameda City Council
June 2, 1998
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(98-309) Allen Derr, Alameda, stated the Portola Triangle only
costs the City money; the City pays $20,000 per year for
landscaping; and inquired whether someone would be interested in
purchasing said property.
Mayor Appezzato stated Portola Triangle has not come up while he
has been on Council; and requested the City Manager to review Mr.
Derr's suggestion.
Councilmember Lucas stated many options have been reviewed for the
triangle at the corner of Otis Drive and Eighth Street [Portola
Triangle], including a library, cemetery and housing development;
and if Council desires to fill the Chambers with neighbors, said
matter should be brought back.
(98-310) Mr. Derr stated Broadway is in terrible shape from work
EBMUD did about one year ago; and inquired whether said street
would be resurfaced.
The Public Works Director responded resurfacing is a joint project
with EBMUD; currently, EBMUD is accepting bids; work should begin
within the next month.
(98-311) Mr. Derr further stated work along Otis Drive between
Grand and Glenwood Isle should be completed; site has been torn up
for months along the curbs, to which Mark Hanna, Public Utilities
Board Member, responded the Bureau [of Electricity] has been
installing conduits using a trenchless method; there are other
places in town where completion of work has been slow and he has
plans to ask questions regarding said construction.
(98-312) Mr. Derr stated two years ago the City agreed to take
over bus stops; the bus stop at Santa Clara Avenue and St. Charles
Street no longer has a side or roof.
Mayor Appezzato requested the City Manager to review said matter.
(98-313) Mr. Derr submitted a copy of an article from U.S. News
and World Report which states Cities should be run like businesses;
and summarized major points of said article.
(98-314) Gerhard Degemann, Alameda, stated if research of the
Portola Triangle is conducted, former Mayor Chuck Corica should be
contacted; there was uproar over putting a parking lot or anything
else in said location; residents in the neighborhood and throughout
town like to have open space; the open space should not be replaced
with a structure.
For clarification, Mayor Appezzato stated there is no effort afoot
Regular Meeting
Alameda City Council
June 2, 1998
to do anything with the Portola Triangle.
(98-315) Mr. Degemann further stated the Council held a Volunteer
Recognition which had a wonderful turnout; and thanked City staff
for being present to recognize volunteers.
COUNCIL COMMUNICATIONS (Communications from Council)
(98-316) Mayor Appezzato stated that he is aware of a major report
on the ham radio antenna at 1714 Clinton; directed staff to ensure
federal, State and local regulations are being followed; staff,
possibly the Planning Director and a representative from the City
Attorney's Office, should meet with individuals, maybe even the
owner of the antenna, because there are a lot of memorandum and
phone calls going back and forth; before everybody gets upset,
[staff] should explain rights and laws, and educate as quickly as
possible.
(98-317) Mayor Appezzato stated that he received a letter from
Kenneth and Lee Granberg regarding cars on lawns and graffiti;
directed staff to contact the Granbergs to brief and educate them
on the program, and explain ordinance will be enforced.
(98-318) Councilmember Lucas stated posting of advertisement signs
on utility poles has increased; the compliance officer should tear
down said postings; many ads give phone numbers which should be
• • • • •
called to inform [violators] posting is illegal in Alameda.
(98-319) Vice Mayor DeWitt stated a reporter for the Alameda
Journal, David Quigg, has moved; reporters can help make the City
a more pleasant and peaceful place to live; Mr. Quigg's articles
were always accurate, well written and understandable.
(98-320) Vice Mayor DeWitt announced that volunteerism was
displayed wonderfully last Sunday at the Stand for Children Program
which brought many people in the community together.
(98-321) Councilmember Kerr stated there has been discussion on
increasing the 325 bus service to the West End Ferry to supplement
increased ferry service; directed staff to prepare a report on
negotiations regarding said bus route; and stated the 325 arrives
to take riders to the ferry in the morning and takes riders away in
the afternoon; many people wonder whether the 325 bus could take
riders to the ferry terminal in the afternoon, and transport early
morning ferry passengers back through the City; the existing
service should be investigated; and a determination made on whether
establishment of a two way 325 route through the City would be
useful.
(98-322) Councilmember Kerr stated that she was impressed by the
detail in the letter from the Granbergs [Paragraph No. 317],
Regular Meeting
Alameda City Council
June 2, 1998
however, the graffiti at 1501 Buena Vista Avenue was missed and
should be added to the list.
(98-323) Councilmember Kerr stated recycling cost was raised by
Councilmember Lucas in April and that she [Councilmember Kerr]
brought up said matter again last month; information is needed; and
inquired if Council does not understand, how can the residents in
Alameda be expected to understand?
(98-324) Mayor Appezzato announced that he requested the Community
Band to play Concerts in the Park on Saturdays in the Summer; the
first concert will be in Jackson Park on June 20th, the second will
be in Harbor Bay, and the third will be somewhere in the West End;
stated that he will not be able to attend the concert on June 20th
and requested the Vice Mayor to represent him; and further stated
the Community Band did a great job at the Memorial Service on
Memorial Day.
ADJOURNMENT
There being no further business before the Council, Mayor Appezzato
adjourned the meeting at 9:15 p.m.
pectfully submitted,
ane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
June 2, 1998