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1998-06-16 Joint HA and Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JUNE 16, 1998- -6:55 P.M. Mayor Appezzato convened the Special Meeting at 6:55 p.m. Roll Call 1.7 Present: Councilmembers Daysog, DeWitt, Kerr and Mayor Appezzato - 4. Absent: Councilmember Lucas - 1. The Special Meeting- was adjourned to Closed Session to consider: (98-327) Public Employee Performance Evaluation; Title: City Manager. (98-328) Conference with Legal Counsel- Anticipated Litigation, Initiation of litigation pursuant to subdivision (c) of Section 54956.9, Number of Cases: Two. Following the Closed Session, the Special Meeting was reconvened and the Mayor announced that regarding Public Employee Performance Evaluation, Council discussed evaluation with City Manager, no action was taken; and regarding Conference with Legal Counsel, direction was given to Legal Counsel. Adjournment There being no further business, Mayor Appezzato adjourned the Special Meeting at 7:15 p.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council June 16, 1998 J N' MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING TUESDAY- -JUNE 16, 1998- -7:15 P.M. Mayor/Chair Appezzato convened the Special Joint Meeting at 7:15 p.m. Roll Call - Present: Councilmembers/Commissioners Daysog, DeWitt, Kerr, and Mayor/Chair Appezzato - 4. Absent: Councilmember/Commissioner Lucas - 1. The Special Joint Meeting was adjourned to Closed Session to consider: (98-329) • # Case: Murphy v. City of Alameda. Following the Closed Session, the Special Joint Meeting was reconvened Mayor/Chair Appezzato announced that directions were given to Legal Counsel. Name Adjournment There being no further business, Mayor Appezzato adjourned the Special Joint Meeting at 7:16 p.m. Respectfully submitted, Dine B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Housing Authority Board of Commissioners June 16, 1998 ( MINUTES OF THE REGULAR_CITY COUNCIL MEETING TUESDAY- -JUNE 16, 1998- -7:30 P.M. Mayor Appezzato convened the Regular Council Meeting at 7:39 p.m. Steven Bowman, Stephen Miller and Christopher Rowan from Cub Scout Pack 97, Den 5 (Earhart School) led the Pledge of Allegiance. ROLL CALL - PRESENT: Councilmembers Daysog, DeWitt, Kerr, and Mayor Appezzato - 4. ABSENT: Councilmember Lucas - 1. AGENDA CHANGES None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (98-330) Former Councilmember Charlie Tillman, Alameda, commented on the wonderful job done by the Council; stated City Hall is beautiful. (98-331) Presentation of Award from the Northern California Chapter of the American Public Works Association to the City of Alameda for the "Chuck Corica Municipal Golf Course/Lucious Bateman Driving Range" Project. Golf Course General Manager Dana Banke expressed his appreciation to Public Works staff members; commented on the success of the driving range project; and stated a copy of said award is located at the driving range. Mayor Appezzato announced that the report regarding award of legal publishing contract [paragraph no. 98-333] was removed from the Consent Calendar for discussion. Councilmember Kerr moved adoption of the reivainder of the Consent Calendar. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 4. Absent: Councilmember Lucas - 1. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] Regular Meeting Alameda City Council June 16, 1998 (*98-332) Minutes of the Special and Regular City Council Meetings held on June 2, 1998. Approved. (98-333) Recommendation to award Contract for publishing of Legal Advertisements for FY 1998-99. Cliff Benson, Publisher, Alameda Journal, requested Council to examine the portion of the City Charter which specifies the lowest and best bid; stated lowest is simple math, however best bid is tougher and requires some thought; questioned what does best bid mean; could it possibly mean what is best for the wallets of the Alameda Tax payer; stated there are two bids before Council: 1) the Alameda Journal's which is $5.00 per column inch; and 2) Alameda Times Star's bid is $4.32 per column inch; there is a $0.68 difference; the Journal has a proven, audited circulation of over 24,000, while the Times Star has 7,900; the cost per household adds up to the Times Star bid being three times more expensive than the Journal. Mr. Benson further questioned whether a bid of $4.00 per column inch would be accepted from a newspaper in Alameda which was only distributed to 1,000 households; stated that he does not believe said Llid would be accepted because there is no value; eliminating the majority of Alamedans from seeing public notices and participating in that portion of City government; that he does not believe there is any doubt which newspaper: 1) best serves the interest of Alameda, 2) best informs Alamedans, 3) promotes Alameda, 4) best offers local news and local information, or 5) is best read; if there is any question regarding readership, each member of the City Council was provided copies of an audit which states the Journal has 95.7% readership; in reaching a decision regarding the lowest and best bid, the word best deserves a lot of consideration when there is a difference of $0.68; urged the City Council to award the contract to the local newspaper and to the newspaper which the majority of Alamedans consider their official City newspaper. Judith Cahoon, Alameda Times Star, stated the Times Star submitted the lowest bid, has a paid circulation; that she is not here to argue numbers; the Alameda Times Star is the [current official] newspaper of the City of Alameda; the Times Star newspaper is the lowest bid because it can keep government costs down; the Times Star represented the City last year and was able to run late ads immediately because it is a daily paper; asked Council to do the right thing; best should be interpreted by what the Times Star can do for the City, not just a couple of times a week, but on a daily basis. Vice Mayor DeWitt moved approval of the staff recommendation to award contract to the Alameda Times Star. Councilmember Daysog seconded the motion. Regular Meeting Alameda City Ccuncil June 16, 1998 Under discussion, Councilmember Daysog stated although [newspaper with] greater volume [of readership] has higher price and lower [bid] has lower circulation, Council is required to go with the lowest bid. Mayor Appezzato stated two years ago, there was controversy over information in the Charter regarding circulation; Council desired to allow qualified newspapers, not fly by night companies, to be eligible and went forward with Charter Amendment to even the playing field; lowest [bid] is objective and best is subjective; last year [contract] was awarded to the Times Star; Council owes it to citizens to take the lowest bid; that he will support the motion. On the call for the question, the motion carried by unanimous voice vote - 4. Absent: Councilmember Lucas - 1. (*98-334) Recommendation to authorize extension of current Interest Subsidy Operating Agreement with Bank of America (Owner-Occupied Housing Rehabilitation). Accepted. (*98-335) Recommendation to deny request by Steven Jin Lee to waive Business License Late Fee Charge. Accepted. (*98-336) Recommendation to accept work of McGuire & Hester for Repair of Main Street Ferry Terminal Parking Lot, No. P.W. 11-97- 27. Accepted. (*98-337) Recommendation to award contract in the amount of $356,810.08 to Gallagher & Burk, Inc. for Repair and Resurfacing of Certain Streets, Phase 19, No. P.W. 03-98-06. Accepted. (*98-338) Resolution No. 13007, "Amending Conflict of Interest Code by Amending Paragraph Two of Resolution No. 9460 Relative to Disclosure Positions and Disclosure Categories and Rescinding Resolution No. 12887." Adopted; and (*98-338A) Recommendation to designate the City Attorney as the City's reviewing body of the Conflict of Interest Codes of other local agencies within the City's jurisdiction. Accepted. (*98-339) Resolution No, 13008, "Approving Interim Expenditures Prior to Adoption of City of Alameda Budget for Fiscal Year 1998- 99. Adopted. (*98-340) Resolution No. 13009, "Authorizing Open Market Purchase from Principal Decision Systems International, Pursuant to Section 3-15 of the Alameda City Charter, for an Automated Constant Staffing and Data Management System for the Alameda Fire Department." Adopted. Regular Meeting Alameda City Council June 16, 1998 (*98-341) Resolution No. 13010, "Authorizing the City Manager to Apply for Regional Measure 1 Funds for Both the East End and West End Ferry Services for FY 1998-99 and Enter into All Agreements Necessary to Secure These Funds." Adopted. (*98-342) Introduction of Ordinance Approving and Authorizing the Execution of a Sublease Agreement between Alameda Reuse and Redevelopment Authority, as Sublessor, and the City of Alameda, as Subtenant, for Lease of the Main Street Ferry Terminal Overflow Parking Lot and Authorizing the City Manager to Execute All Necessary Documents. Introduced. (*98-343) Ratified bills in the amount of $1,733,615.77. (98-344) Public Hearing to consider Resolution No. 13011, "Finding and Determining that the Public Interest, Necessity and Convenience Require the Construction of the Project, Authorizing Acquisition of Real Property by Condemnation, and Finding that an Offer of Just Compensation Has Been Made (2756 Main Street, Alameda, California)." Adopted. Mayor Appezzato opened the public portion of the Hearing. Yvonne Lee, Pacifica, stated that she is the property owner [of 2756 Main Street); construction was postponed due to pending eminent domain; someone was interested in renting said property for $2500 per month after construction was completed; the City's offer came in exceptionally low which is unfair; the appraisal value offered by the City is legally inadequate and provides no reason for the offer; the lot is over 10,000 square feet; the building is almost 3,500 square feet; said property was purchased from a bank foreclosure; the bank has a loan of over $240,000 on the property; the City has only offered $100,000; the process of negotiation is taking too long; there are costs for her legal counsel to contact the City; that she still pays mortgage, insurance and tax, is losing income on the property, and has no objection to the City taking over the property, however, she wants a fair price; the lot is worth $200,000 plus the building; urged Council to make process go through. Mayor Appezzato inquired whether it is correct that Ms. Lee is not opposed to allowing the property to be acquired by the City, only the amount of money that is going to pass between Ms. Lee and the City is of concern; to which Ms. Lee responded that is right; stated the price is not justified and is below present market value; a building of the same size cannot be acquired for $100,000. Ms. Lee further stated because the City is not offering a fair price, that she must pay attorney fees and appraisal fees, which is Regular Meeting Alameda City Council June 16, 1998 1 8 1 costing her a lot of money. The Mayor inquired whether Council could discuss value at this point, to which the Assistant City Attorney stated valuation is not an issue before Council this evening, Council is only considering adoption of the Resolution of Necessity. Mayor Appezzato stated Ms. Lee will be treated fairly by the laws in the State of California. Vice Mayor DeWitt stated the City has an appraisal value which has been obtained; and inquired whether Ms. Lee has presented her appraisal. Ms. Lee stated a meeting with the City Attorney has been set for June 25th. In response to Vice Mayor DeWitt's inquiry regarding whether price was being approved, the Assistant City Attorney stated Council is not [approving price]; valuation is not an issue this evening; even with action this evening, there is nothing to say that parties might come to settlement at some point in time; even though Council could choose to take steps tonight [by adopting resolution] to initiate litigation. In response to Councilmember Daysog's inquiry regarding third party detached judgement, the Assistant City Attorney stated the Court will decide. Mayor Appezzato requested an off-agenda report on the steps of condemnation including information on valuation and how people are treated fairly; stated Council should receive an overview of how the process works. Councilmember Daysog inquired whether there is anything precluding the City from turning to a third party arbitrator; to which the Assistant City Attorney stated there is nothing precluding the parties from coming to some private understanding outside the court to settle the issue of valuation; assuming Council takes action tonight to approve the resolution of necessity, the condemnation action will be filed including a request from the Court to take the property in advance of the ultimate decision of valuation. In response to Ms. Lee's inquiry regarding property tax payments, the Assistant City Attorney stated that is a question Ms. Lee should ask her attorney. Ms. Lee further stated the price [offered by the City] is unjustified: land value, plus only a couple of dollars per square foot for the building. Regular Meeting Alameda City Council June 16, 1998 I 2 There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Daysog seconded the motion. Under discussion, Councilmember Daysog stated that he and all of Council desire fair treatment of all citizens, including the person before the Council tonight [Ms. Lee]; if the discussion between the Attorney's office and Ms. Lee does not lead anywhere and there is good reason, a third person arbitrator should be pursued to help guide Council along. Mayor Appezzato questioned whether matter should be discussed in closed session. The Assistant City Attorney clarified once an action is filed, the matter is in litigation; if the parties want to proceed in an alternative path to what is normally done in a condemnation action, there is time for that later; said matter would need to be discussed in closed session. Councilmember Kerr requested the Assistant City Attorney to provide Council a report after the June 25th meeting [with Ms. Lee]. On the call for the question, the motion passed by unanimous voice vote - 4. Absent: Councilmember Lucas - 1. (98-345) Ordinance No. 2765, "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." Finally passed. Councilmember Daysog moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. Absent: Councilmember Lucas - 1. (98-346) Ordinance No. 2766, "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." Finally passed. Vice Mayor DeWitt moved final passage of the Ordinance. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. Absent: Councilmember Lucas - I. Regular Meeting Alameda City Council June 16, 1998 (98-347) Ordinance No 2767, "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." Finally passed. Councilmember Kerr moved final passage of the Ordinance. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 4. Absent: Councilmember Lucas - 1. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (98-348) Gerhard Degemann, Alameda, stated recently the Mayor of Oakland, Elihu Harris, addressed the Kiwanis Club and he [Mayor Harris] nave Mayor Appezzato commendations. (98-349) Lynda and Libby Silvia, Fremont, stated that she [Lynda] is Neil Patrick Sweeney's daughter; her father felt very happy coming to Council meetings; he had hundreds of papers on Alameda; and he wanted so much for the City of Alameda. Mayor Appezzato stated Mr. Sweeney attended almost every Council meeting; and that he [Mayor Appezzato] will close the meeting tonight in his [Mr. Sweeney's] memory. Ms. Silvia stated there was discussion of a memorial for her father and the family would like to do anything to assist. Libby Silvia stated there was a newspaper article which mentioned that a Clock Tower might be named in honor of her grandfather; inquired how the City can do so; that he was unselfish and did everything for the City; something should be named after him for everything he did. Mayor Appezzato directed the City Manager to review said matter. J l •VIVI, (Communications from Council) (98-350) Councilmember Kerr stated that she has had calls regarding noise problems; in one instance, the Police promptly responded; radios were turned down; after the Police left, radios were turned back up; situation repeated three or four times [in one night]; the City's only noise monitor is in the Planning Department and not available in the wee hours; inquired whether the City could establish a citation or legal remedy when the Police make repeated calls and have negotiated with a person making noise; stated first [staff should] determine what is an illegal noise; there is a 50 foot rule, but there is also a noise monitor rule; the City should Regular Meeting Alameda City Council June 16, 1998 investigate said rules; residents believe when Police come out numerous times there should be more permanent remedies. Councilmember Kerr requested a report on said matter. ADJOURNMENT (98-351) The Mayor adjourned the meeting at 8:13 p.m. in memory and honor of Neil Patrick Sweeney. ectfully submitted, 421 D 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 16, 1998