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1998-10-06 Joint CIC and Special and Regular CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- OCTOBER 6, 1998 -6:30 P.M. Mayor Appezzato convened the Special Meeting at 6:30 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 -525) Conference with Lech 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 Council gave instructions to the City Attorney. Adjournment There being no further business, Mayor Appezzato adjourned the. Special Meeting at 6:50 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 October 6, 1998 MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- - OCTOBER 6, 1998- -6:50 P.M. Mayor /Chair Appezzato convened the Special Joint Meeting at 6:50 p.m. Roll Ca 1 - The Special consider: (CC 98 -526) (CIC 98 -46) Present: Councilmembers /Commissioners Daysog, DeWitt, Kerr, Lucas and Mayor /Chair Appezzato 5. Absent: None. Joint Meeting was adjourned to Closed Session to Conference with Real Property Negotiator; Property: Fleet Industrial Supply Center and Alameda Point; Negotiating Parties: City of Alameda, Community Improvement Commission, Catellus Development Corporation; Under Negotiation: Price and Terms. Following the Closed Session, the Special Joint Meeting was reconvened and the Mayor /Chair announced that the Council /Commission obtained a briefing on real property negotiations regarding the Alameda Fleet Industrial Supply Center and Alameda Point. Adjournment There being no further business, Mayor /Chair the Special Joint Meeting at 7:25 p.m. Appezzato adjourned Respectfully submitted, Dine B. Felsch; CMC City Clerk Secretary, Commission Community Improvement The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission October 6, 1998 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -OCTOBER 6, 1998- -7:30 P.M. Mayor Appezzato convened the Regular Meeting at 7:44 p.m.; announced that the Council met in Closed Session; regarding Conference with Legal Counsel, Council gave instructions to the City Attorney; regarding Conference with Real Property Negotiator, Council obtained a briefing on real property negotiations regarding the Fleet Industrial Supply Center and Alameda Point. Councilmember Kerr led the Pledge of Allegiance. Elder John Pillitiere, Alameda Chapel, gave the Invocation. ROLL CALL - Present: Absent: AGENDA CHANGES Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. None. (98-527) Mayor Appezzato announced that the City Manager requested the introduction of Ordinance Approving and Authorizing the Sale of City-Owned Property at 3274 Fillmore Street [paragraph no. 98-538] be held over. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (98-528) Presentation by East Bay Regional Parks District Director, Douglas Siden, regarding the District's activities during the past ten years. Doug Siden submitted literature and gave a video presentation on the East Bay Regional Parks District's (EBRPD) activities during the past ten years. CONSENT CALENDAR Mayor Appezzato announced that the recommendation to dissolve the Alameda City Hall Tower Committee [paragraph no 98-530], recommendation to approve the City's Dependent Care Assistance Program [paragraph no. 98-531], recommendation to authorize calling for Request for Proposals for Ferry Service between Alameda, Oakland and San Francisco [paragraph no 98-534], and introduction of Ordinance Authorizing the City Manager to Execute a Sublease of 1701 Webster Street [paragraph no. 98-537] were removed from the Consent Calendar for discussion. Regular Meeting Alameda City Council October 6, 1998 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.] (*98-529) Minutes of the Special and Regular City Council Meetings held on September 15, 1998. Approved. (98-530) Recommendation to dissolve the Alameda City Hall Tower Committee and authorize the Finance Director to transfer funds to the Alamedans Rebuilding The Tower. Vice Mayor DeWitt stated the recommendation before Council is that the Committee be redesignated as a non-profit organization; requested clarification on the matter. Mayor Appezzato noted Committee member Allen Derr was present and requested that he [Mr. Derr] respond. Allen Derr, Alamedans Rebuilding The Tower, stated the Committee made the decision to become a non-profit organization since working through the City was a bit cumbersome; funds have been received which covered the cost of forming a non-profit; fundraisers are planned; a model of City Hall with the Tower is being built; the estimated cost for the job is $1,000,000; the Committee hopes to have the project completed by 2002. Mayor Appezzato stated the Committee has the challenge of raising the money to restore the tower on City Hall; the clock for the tower has been donated; when City Hall was built [renovated] the location for the tower was reinforced. Vice Mayor DeWitt moved approval of the staff recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (98-531) Recommendation to approve the City's Dependent Care Assistance Program. Councilmember Kerr stated Section 2.28 on page 4 of the Amended Dependent Care Recommendation [Flexible Benefits Plan] defines Qualifying Dependant as anyone "(a) under the age of 13 or (b) physically and mentally incapable of caring for himself or herself and resides in the Participant's home at least 8 hours per day"; that she questions said definition because it seemed to allow "drop-in" dependents--people who showed up at somebody's home for 8 hours a day or more; the Risk Manager responded to her [Councilmember Kerr's] request for clarification with a letter Regular Meeting Alameda City Council October 6, 1998 [dated October 6, 1998] from an attorney [Magan P. Ray of Gray, Cary, Ware & Freidenrich]; a clarifying phrase in said letter -- "who is physically or mentally incapable for caring for himself or herself and who receives care outside of Participant's home must regularly spend at least 8 hours a day in the taxpayer's home " - -was not included [in the Flexible Benefits Plan]; this [phrase] is from an IRS manual; it makes sense with phrase added. Councilmember Kerr moved that Council [approve the staff recommendation and] add the phrase from the lawyer's letter which states: "and who receives care outside of the Participant's home" into Section 2.28. Under discussion, Mayor Appezzato requested the City Attorney to inform Council whether [addition of said language] was of any concern. There being no objection heard, Councilmember Kerr restated her motion: approval of the staff recommendation with the addition of the phrase [ "and who receives care outside of the Participant's home" into Section 2.28]. Councilmember Lucas seconded the motion. Mayor Appezzato stated [Flexible Benefits Plan] is being provided to the employees at no cost to the City of Alameda. On the call for the question vote - 5. the motion carried by unanimous voice ( *98 -532) Recommendation to award Contract to Ken Betts Towing Private Vehicle Towing Services, MSP 8- 98 -1. Accepted ( *98 -533) Recommendation to award Contract to A & B Auto Co., Inc., for Abandoned Vehicle Towing Services, MSP 8 -98 -2. Accepted.' (98 -534) Recommendation to authorize calling for Request for Proposals for Ferry Service between Alameda, Oakland and San Francisco. for Jim Lawrence, President, Ferry Systems, Inc., stated the RFP requires an existing lease at Fisherman's Wharf, which has no leases available according to Port authorities; the RFP seems to be geared toward the three companies at Fisherman's Wharf area- -Blue and Gold Fleet, Hornblower, and Red and White Fleet, which all have existing leases; a landing is being constructed at Pier 431/2 which will not be completed for another year; suggested the RFP be revised to allow companies without a lease at Fisherman's Wharf to respond. In response to Mayor Appezzato's inquiry whether Mr. Lawrence owns Regular Meeting Alameda City Council October 6, 1998 a ferry service, Mr. Lawrence responded in the affirmative; stated currently he works for Blue and Gold [Fleet] and is starting a Ferry Service. Mayor Appezzato stated further inquired how a lease could be obtained in the desired area, to which Mr. Lawrence responded a lease cannot be obtained; a company would have to sublet. Vice Mayor DeWitt requested clarification on the requirements [in the RFP]. The Public Works Director stated a lease is one of the requirements; [the Fisherman's Wharf Area] is the main destination of Ferry riders; [Mr. Lawrence] does have the option of subletting from property owners with a current lease; the current proposal is for one year with an option to extend up to four years; if [Mr. Lawrence] obtains a lease at the end of the year, the RFP may return to Council based on the performance of the whoever is awarded the Contract; the City is trying to meet the needs of the patrons; Fisherman's Wharf is one of the destinations. Councilmember Kerr inquired whether back -up vessels are a requirement, to which the City Manager responded in the affirmative. In response to Councilmember Lucas's inquiry whether there are problems with number of ferry destinations in San Francisco, the Public Works Director stated that he is aware of none; the City is reviewing the need to extend Ferry Service; this Ferry service is well used. Mayor Appezzato stated a Blue Ribbon Task Force has been created to study Ferry transit on the Bay; Mayors of almost every City in the San Francisco Bay up to the delta sit on said task force; the State Assembly granted $600,000 for the study of mass transit on the Bay; - there is no money for new freeways; water transit may be the mode of the future; Alameda's experience will help the Blue Ribbon Task Force in the challenge to provide Ferry service across the Bay; faster boats, timeliness, and marketing ridership are goals of the Task Force; the Task Force hopes to make recommendations the State of California can adopt to enhance Ferry Service. In response to Vice Mayor DeWitt's inquiry whether the RFP would Mr. Lawrence from applying because he does not have a lease, the Public Works Director stated typically RFPs set standards; [a lease] is one of the standards; if standards are not met, a company would have a non - conforming proposal. Vice Mayor DeWitt further inquired whether Mr. Lawrence would qualify if he had a sublease or indication that he could obtain a sublease; to which the Public Works Director responded in the Regular Meeting Alameda City Council October 6, 1998 affirmative. Vice Mayor DeWitt stated the Public. Works Director should explain to Mr. Lawrence that he [Mr. Lawrence] needs a sublease to apply. Vice Mayor DeWitt moved that Council accept the [staff] recommendation to authorize the City Manager to call for RFPs for Ferry Service between Alameda, San Francisco and Oakland. Councilmember Kerr seconded the motion. Under discussion, Councilmember Daysog stated that he rode the Harbor Bay Ferry which differs from the Ferry being discussed this evening; [Ferries] are amenities to residents; the City should do everything to keep both [of its Ferry Services]. On the call for the question, the motion carried by unanimous voice vote - 5. ( *98 -535) Recommendation to adopt Plans and Specifications and authorize calling for Bids for Roof Repair of Building 9, Alameda Point, No. P.W. 09 -98 -23 and authorizing the Executive Director of Alameda Reuse and Redevelopment Authority to enter into all Agreements for award of the Construction Contract. Accepted. ( *98 -536) Recommendation to accept work of Sausal Corporation for Building 39 Upgrades, No P.W. 11- 97 -25. Accepted. (98 -537) Introduction of Ordinance Authorizing the City Manager to Execute a Sublease of 1701 Webster Street Between the City of Alameda as Sublessor and American Red Cross- Alameda Service Center as Sublessee. Jim Topping, Bay Area American Red Cross, stated the Red Cross is about to enter into a Lease which includes tenant improvements provided when the City took over the property on July 3, 1995; the initial Lease was for seven years with two possible four -year extensions; tenant improvements of $236,000 by the landlord were paid by the City; the Red Cross is considering a Sublease because the City leaving the site; the Sublease rent is for 43 months, the term of the original Lease, at $2,000 per month plus $1,974 per month toward recapturing tenant improvements costs; it is the stated intent of the City to recapture the entire amount of $236,000; and it is that stated intent the Red Cross is hoping to have some reasonable discussion about this evening; the Red Cross hopes to reduce its rent after the expiration of the initial term of 42/43 months by requesting the City to share a portion of the tenant improvement [costs]; the Red Cross is not seeking to make changes in the Lease before Council tonight; the Red Cross at one time received $4.5 million from United Way, and now receives [only] $650,000; Red Cross sold its property as a money making operation; Regular Meeting Alameda City Council October 6, 1998 the $1,500 the Red Cross pays [at its current site] is a nominal amount, and Council can see the difference in what the Red Cross will be paying: $4,000; the square footage is double, however, the price is almost triple; the Red Cross is offsetting some costs by subleasing to other public agencies; there would be a cost increase of approximately $90,000 to the Bay Area Red Cross over the three and one half years; the Red Cross is hopeful the City will consider taking some responsibility or [consider] a write -off of some [portion] of the first three and one half years the City occupied the property; the Council has been provided numbers based upon simple mathematics of the nine year retention of the tenant improvements; numbers could be some other figure computed on a different basis; the rent is about $4,000 for the first 42 months, and the Red Cross has no argument with that; however, future costs will be approximately $4,300 plus CPI increases; it appears there have been very few increases thus far; the Red Cross would save roughly $80,000 if the City took over one third, [of the tenant improvement costs]; said savings is significant to the Red Cross; the Red Cross would prefer not to make use of the Alameda Naval Air Station facilities; the Red Cross would like a final decision rather than another interim step; hence, the Red Cross comes to Council tonight to consider the future option of [the City] accepting a portion of the tenant improvements. The City Manager stated the Red Cross signed the Lease and is prepared to go forward on the 42 -month initial period; if the Council wishes to entertain this particular [Mr. Topping's] recommendation, Council could direct staff to sit down with the Alameda Red Cross and negotiate something based upon the proposal submitted, the City's goal was to recapture all of the tenant improvements [costs] so the City could direct said, monies back to other projects. Mayor Appezzato inquired whether the new proposal would reap some benefit for the City. The City Manager stated Mr. Topping is suggesting the $236,000 be reduced by approximately $80,000; the City has been at the site for three and one half years. The Mayor stated, for clarification purposes, that the Red Cross believes the City should absorb the [tenant improvement] costs for the years it used, the site. The City Manager explained the Red Cross believes the City has been able to depreciate the first three and one half, years; therefore the City has enjoyed the use of those improvements and should not reach back and recapture the first three years. Mayor Appezzato•commented that the proposal sounds fair. Regular Meeting Alameda City Council October 6, 1998 Councilmember Lucas stated interest on the $236,000 investment was a concern. The City Manager stated the City had not planned on capturing said interest. Councilmember Kerr stated the City could presumably get its original proposal from another tenant. The City Manager responded in the affirmative. In response to Councilmember Kerr, Mr. Topping stated the original Lease is for seven years, the City is about three and one half years into the Lease, and there are two four -year options [to extend the Lease] Councilmember Kerr clarified that the balance of the existing Lease is 42 months and the proposal is an agreement beyond the City's original obligation to the landlord. Mr. Topping stated that he was told in order to take the tenant improvement costs of $236,000 down to an amount roughly equivalent to fair market price, the Lease would be for nine years. Councilmember Lucas stated Council expected the matter to be resolved; staff had been negotiating with the Red Cross; and the request before Council is a last minute change. Mr. Topping stated the Red Cross did not want to hold up the discussion tonight; on the other hand, the Red Cross believed it was the only opportunity to come before the Council to discuss the possibility of future negotiations; in short, the Red Cross is perfectly content with the 42 -month Lease on the table, absent exercising of an option. Councilmember Lucas stated the problem is exercising of the option. Mr. Topping responded in the affirmative, and stated that the Red Cross assumed there would be some discussion about the matter, since the City is proposing a nine -year pay out on the tenant improvements. Councilmember Lucas stated that she believes the City is providing a break because there is no interest being charged on the City's original investment; a decision cannot be made tonight; staff should provide input on the matter. Mr. Topping stated the original tenant improvement costs were paid in the first year by Block Grant funding; therefore, the Red Cross did not compute any [tenant improvement] costs because the City had no costs going forward. Regular Meeting Alameda City Council October 6, 1998 Councilmember Daysog commented that the Block Grant monies perhaps could have gone to some other program, which is the purpose for repaying improvement costs; stated that he shared Councilmember Lucas's concern about process; the Red Cross is proposing the City absorb $78,000 of tenant improvements costs - -it seems difficult, at face value, to do that; and maybe there are other questions that should be reviewed by staff and Council. Councilmember Kerr stated that she has problem with a proposal being brought to Council during a Council Meeting; there is no background [information]; also, the monies belong to the people of Alameda; Council has a responsibility to the citizens; if the City does not have to renew its Lease after three and one half years, there should be an option to bail out or to rent the property for whatever it can; the City has an obligation to the taxpayers to get the best possible deal; that she is willing to support the original Lease the Red Cross signed; and tonight's motion should not include amendments to the Lease. Vice Mayor DeWitt stated further information should be provided to Council, at which time Council can make a decision on whether to amend portions of the Lease; Council should approve the current recommendation and have an opportunity to revisit the matter. Councilmember Lucas stated she was concerned about the implications concerning options. Mr. Topping stated the Red Cross would like to be able to pin down some ongoing future costs; if it [Lease, provisions] stayed exactly as represented, at the end of the 42 months the Red Cross would have to leave; the Red Cross cannot be a party to an additional extension at current prices. Councilmember Kerr stated that she was not willing tonight to pin down costs past three and one half years. Mr. Topping commented that the Red Cross was not requesting Council to do so this evening; the Red Cross wanted to be on record, as the City Manager suggested, that there might be ongoing negotiations in the future related to said subject. Councilmember Lucas stated Council's expectation was to have a Lease with possible options at satisfactory terms; now Council finds it may have the Lease, however, the extension option is unacceptable; staff should provide input under these circumstances; and the matter being brought to the City Council at the last minute is objectionable. The City Manager stated if the Council does not approve the signed Lease this evening, there will be significant impacts to the Red Cross. Regular Meeting Alameda City Council October 6, 1998 Mr. Topping stated the matter came up within a fairly shore period of time, and the Red Cross will lose its current Lease on December 1st. Larry Schulz, President of Alameda Red Cross and Board Member of Bay Area American Red Cross, described the broad range of services provided by the Red Cross; stated the Red Cross has been looking forward to occupying the site [1701 Webster Street]; concerns raised by Mr. Topping are concerns related to economic justice; however, the concern of continuing the presence of the Red Cross in Alameda in a viable way is far more important at this point. The City Manager suggested Council consider: 1) the deletion of Sec. 2.1 under Section 2 entitled "Term" of the Agreement which speaks to options to renew beyond the initial 42-month period, and consider 2) Councilmember Lucas's suggestion that staff report back on the matter of options; stated Council could then proceed forward with the initial Lease, staff could report back on options and consider the original options or the Red Cross's suggestions. Mayor Appezzato stated there is a precedence of assisting service organizations, e.g. Boy Scouts. Councilmember Lucas moved Council approval of the balance of the Lease Term, without option periods. Vice Mayor DeWitt seconded the motion. the community Lease for the Under discussion, Vice Mayor DeWitt clarified Council action includes direction to staff to report back with additional information. The City Manager responded in the affirmative. On the call for the question, the motion carried by unanimous voice vote - 5. (98-538) Introduction of Ordinance Approving and Authorizing the Sale of City-Owned Property at 3274 Fillmore Street to Brian Pak Wai Yip and Kitty Chui Yip. Held over. (*98-539) Ratified bills in the amount of $3,074,005.26. REGULAR AGENDA ITEMS (98-540) Ordinance No. 2773, "Providing Procedures for the Issuance and Sale of Local Obligation Revenue Bonds by the City of Alameda, Including General Provisions and Definitions, Powers and Procedures Relating to Such Bonds." Finally passed. Vice Mayor DeWitt moved final passage of the ordinance. Regular Meeting Alameda City Council October 6, 1998 Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (98 -541) Ordinance No. 2774, "Providing Procedures for the Issuance and Sale of Refunding Improvement Bonds by the City of Alameda, Including General Provisions and Definitions, Powers and Procedures Relating to Such Bonds." Finally passed. Vice Mayor DeWitt moved final passage of the ordinance. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (98 -542) Ordinance No. 2775, "Approving and Authorizing the Execution of a Sublease Agreement Between the Alameda Reuse and Redevelopment Authority, as Sublessor of an 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 Tennis Courts as a Recreational Facility." Finally passed. Councilmember Kerr moved final passage of the ordinance. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (98 -543) Ordinance No. 2776, "Granting a Non- Exclusive Cable Television Franchise Renewal to United Cable Television of Alameda, Inc., d /b /a TCI Cablevision of Alameda for a Period of Five Years." Finally passed. Vice Mayor DeWitt moved final passage of the ordinance. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON - AGENDA (98 -544) Eileen Hendertilo, Alameda, stated that she moved back to Alameda in January; Alameda is becoming a large City like Oakland; that she was raised in Alameda; that she cannot believe the utility bills; on the Bureau of Electricity [bill], she pays 7.5% tax on top of City taxes she already pays; the Utility Users Tax [UUT] will raise the tax 2% more than the 7.5% being paid. Mayor Appezzato stated that is incorrect; the 2% [portion of the UUT] is a continuation which was passed over two years ago; State law requires [said increase] be brought back for reaffirmation by the public; it is not an increase; it is not a new tax; it is already being paid; [Ms. Hendertilo] should have known that when Regular Meeting Alameda City Council October 6, 1998 she moved here in January--somebody should have informed her; said tax has been on the books for over two years. Ms. Hendertilo stated that she moved from Dublin; she never paid utility taxes whatsoever; in Alameda she pays utility taxes on electricity and cable which is costing over $20 per month on top of City taxes; she works during the day and pays $23 for electricity she does not use. Ms. Hendertilo further stated money from utility bills--nearly $6 million--goes to the City of Alameda; inquired where said money goes. Because Ms. Hendertilo's time was up, Councilmember Kerr inquired whether Ms. Hendertilo would write a letter to the Council to obtain a response. Mayor Appezzato stated if Ms. Hendertilo could list her concerns in writing, the City Council would be happy to obtain a response. Ms. Hendertilo stated that she also wanted to address Megan's Law. Mayor Appezzato inquired whether Council would like to give Ms. Hendertilo more time. There being no objection, Ms. Hendertilo presented Council with a letter [from the Chief of Police dated September 30, 1998]; stated that she is a single parent; her daughter began attending Haight School in September; that she was aware of Megan's Law; the public and parents should be aware there are over 40 registered sex offenders in the City of Alameda; Fremont is chasing them out of their City; they are coming to Oakland; Oakland has over 600 sex offenders; at her daughter's school, there is no safety or supervision; she kidnaped her daughter from the school property without the school knowing; the school took over 1 ½ hours to contact her or the Police Department; the Megan's law letter infers that there is something to worry about. Mayor Appezzato inquired whether Ms. Hendertilo has addressed the School Board, to which Ms. Hendertilo responded in the affirmative. (98-545) Sonia Diermayer, Alameda, stated that she was presenting the City Council with a letter signed by approximately 70 users of the Alameda Dog Park; requested Council to read said letter; stated that she would like to point out the four items of concern: 1) whether the final [Dog Park] location will be the current Naval Air Station [Alameda Point] site or if there is a possibility it will be moved back to lower Washington Park which was more convenient; they [those interested in the Dog Park] understand it [returning to Washington Park] is not the Council's decision because a different body makes decisions about the Washington Park site; a decision Regular Meeting Alameda City Council October 6, 1998 needs to be made; 2) the amenities at the final location; the current Park lacks everything to make it safe and usable for dogs and people; needs are: water, shade, a bulletin board with posted rules and an area for comments, questions and lost dog fliers, drainage, pathways, and lighting; they [those interested in the Dog Park] realize there is a plan and a company made a landscaping proposal to the City; 3) funds were raised for the Dog Park; the amount is not known; rumor is that said funds have been deposited into an account with the City; contributors did not know the funds would go to the City and thought funds would be used by a separate non - profit group for improvements to the Dog Park; 4) the manner in which information is going back and forth between the City and users of the Dog Park; it is a rumor mill; frustration and anger is growing as the lack of information is growing, the primary message from signers of the letter is clear communication from the City is needed; requested the City to set up a meeting or a channel through the media to represent the City's Plan in a neutral manner; stated they [those interested in the Dog Park] would like to be involved in the landscaping plan and have many questions; they were of the understanding that due to the letter, this matter would become an agenda item; requested channel of communication. Mayor Appezzato requested the City Manager to open the line of communication to Ms. Diermayer. Councilmember Kerr requested the City Manager to forward the financial report listing all contributions and expenditures to the speaker, stated the Recreation Commission has spent quite a bit of time on the Dog Park; said Commission is the normal channel for Council to obtain information [on such matters]. Mayor Appezzato stated the letter had allegations regarding potential misuse of funds; requested staff to explain if the money is deposited into a City account, stated Council should be informed; the City does not need people pointing fingers and making accusations of things that may or may not exist; the City Parks and Recreation Department needs to get on this right away; it seems at every City Council meeting someone comes forward with an allegation that something improper is occurring because of the Dog Park; the City should open up the line of communication so no one can say they do not have someone to go to; this is an East Bay Regional Park District [EBRPD] decision; the City is working on building the Park back at Washington Park; placing the matter on the [City Council] agenda would not clear the matter up until EBRPD is willing to deal with it on their agenda. Councilmember Lucas stated that the Mayor has referred the matter to staff; maybe staff can keep communication open with people interested in the Dog Park; that she appreciates that they [those interested in the Dog Park] are working to raise funds to, make the Dog Park feasible. Regular Meeting Alameda City Council October 6, 1998 Councilmember Kerr stated Council was thrown for a loop on this; a decision from the Navy was expected long before this; the last Council acted in good faith and expected the Navy to finish the EIR /EIS and proceed forward; the Dog Park has become a casualty of this delay as far as putting money into infrastructure when the final resting place is unknown. Mayor Appezzato stated the lines of communication are open between he, Doug Siden, and EBRPD Management. Ms. Diermayer inquired whether City staff could visit the Dog Park for a discussion at a pre - established time, to which the Mayor stated Ms. Diermayer should work with the City Manager and the City will get it done. COUNCIL'COMMUNICATIONS (98 -546) Councilmember Kerr stated there needs to be a comment on the Utility Users Tax comment; a past Council allocated funds; everybody moved out of this building [City Hall]; they stripped it to the outside walls; the City signed a Contract and acquired the obligations to re -do this building [City Hall]; there was with nothing inside the building; [Proposition] 218 passed with a retroactive clause; the City is not trying to acquire any new obligation; it is to continue what was done in the past to pay the bills which were acquired in the past; the City was caught by surprise with an empty building and a lot of signed Contracts; that is why the City wants to continue the 2% [portion] of the UUT. (98 -547) Councilmember Daysog stated regarding the UUT and Bureau of Electricity Telecommunication Charter Change [Measures A and B], if there is a hint of confusion, the chance of the voter voting no is high; the City Manager and City Council should keep repeating what the UUT is about to clarify questions raised by Ms. Hendertilo; there is a hint of urgency; that he visited the Green Party; said party decided not to endorse the Bureau of Electricity branching off into Telecommunications; the City should be concerned about getting information to the public; one would think the Green Party would support Telecommunications; that he tried to lay out concerns and issues, however, they [Green Party Members] informed him they voted against it because they were still confused about what was before them. (98 -548) Mayor Appezzato inquired whether Councilmember Daysog would like the matter of education addressed; stated the Chair of the UUT education committee was present. Councilmember Kerr inquired whether Council could re -open a past agenda item, to which the City Attorney responded Council could take a majority vote to take an item out of order; the three minute Regular Meeting Alameda City Council October 6, 1998 rule would apply; it would have to be Oral Communication non- agenda initiated by a member of the public; if the person would chose to request the agenda item be re- opened, Council could consider it The Mayor stated it is up to Councilmember Daysog; a member of the public has submitted a request. Councilmember Daysog moved [Oral Communications be re- opened]. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS (98 -549) Gerhard Degemann, Chair, Committee to Support Measure B, stated that he is surprised the people do not know what Measure B is about; staff did a fantastic job going to organizations to educate the people; tonight is the first time he has heard people do not know what is going on in Alameda; if somebody moves to Alameda, of course, they are caught off- guard; a communication is coming out; literature and lawn signs will be distributed; the pamphlet emphasizes the 2% [portion] of the UUT is not a new tax and is an existing tax. COUNCIL COMMUNICATIONS (98 -550) Vice Mayor DeWitt stated the Dog Park matter has come before Council; that he would like to see the matter as an agenda item at the appropriate time; this is the third or fourth Council meeting that the matter has been discussed under [Oral] Communications. (98 -551) The Mayor stated there is another request from a speaker to speak [under Oral Communications]; inquired whether a Councilmember would like to make a motion. Communications Lucas moved [Council] permit him to speak. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS (98 -552) Judge C. Richard Bartalini, Alameda, stated that he is concerned when he hears Gerhard Degemann say that he [Mr. Degemann] thinks everybody understands and is in favor of Measure B; that is not the feeling he gets from people; that he has changed his mind on the matter. Regular Meeting Alameda City Council October 6, 1998 Mayor Appezzato stated Judge Bartalini is ballot measure. Judge Bartalini inquired whether [Measure] Electricity matter [Charter Amendment], responded that is Measure A. addressing B was the to which the wrong Bureau of the Mayor Judge Bartalini stated that he is concerned; people are asking a lot of questions; his objection was the City entering into business and competition with free enterprise; that he will support this [Measure A] because there are extraordinary circumstances in the City's ability to finance all the desired services; that he also supports the 2% continuation tax [Measure B]; the City needs to get information out; [Measure] B is critical for the continuation of some services; Measure A is also important because of financial problems facing the City, e.g. under funding of the Pension, continuation of services, work with non-profit organizations; when he spoke to Mr. Flint, he [Judge Bartalini] changed his mind; that he will not only support Measures A and B with his vote, but will do whatever anyone asks him to do publicly, to try to convince others that there are financial situations in Alameda which require this kind of emergency response; everybody should get behind both of the Measures. Councilmember Daysog stated that he is in favor of Measure A; the City should make triple effort to educate people on Measure A. ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 9:08 p.m. ectfully submitted, Di e B. Felsch, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council October 6, 1998