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1997-07-01 Minutes242 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUESDAY- -JULY 1, 1997- -6:20 P.M. ROLL CALL: PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt, and Mayor Appezzato - 5 ABSENT: None. Mayor Appezzato convened the Special Council Meeting at 6:20 p.m. and adjourned the meeting to a Closed Session to address the following: (97-356) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager; and CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (54956.9) Name of Case: Murphy v. City of Alameda Following the Closed Session, Mayor Appezzato announced regarding the public employee performance evaluations that the City Council evaluated the City Manager and regarding existing litigation Council obtained a briefing from the City Attorney. There being no further business before the City Council, Mayor Appezzato adjourned the Special Meeting. Respectfully submitted, 45 Dane B. Fe s h, CMC City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council July 1, 1997 REGULAR MEETING OF CITY COUNCIL TUESDAY- -JULY 1, 1997- -7:30 P.M. Mayor Appezzato called the meeting to order at 7:38 p.m. Councilmember Daysog led the Pledge of Allegiance. Reverend John Pillitiere, Alameda Chapel, gave the Invocation. Roll Call Present: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. Absent: None. SPECIAL ORDERS OF THE DAY (97-357) Presentation of Certificate of Achievement to members of the Encinal High School Men's Varsity Baseball Team in recognition of reaching the North Coast Section Finals during the 1997 Season. Mayor Appezzato presented a Certificate of Achievement to Coach Kevin Sato of the Encinal High School Men's Varsity Baseball Team. [The City Attorney requested the City Council to convene the Special Community Improvement Commission to adopt a Resolution authorizing continuing payment. Following the CIC meeting, Mayor Appezzato reconvened the City Council Meeting.] CONSENT CALENDAR Mayor Appezzato stated that the Resolution regarding Disadvantaged Business Enterprise Program Goals will be pulled from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. [Items so approved are indicated by an asterisk preceding paragraph numbers.] Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (*97-358) Minutes of the Special and Regular City Council Meetings held on June 3, and June 17, 1997. Approved. (*97-359) Report from Community Development Director transmitting Commercial Recruiter Quarterly Progress Report for March-May 1997. Accepted. Regular Meeting Alameda City Council July 1, 1997 (*97-360) Report from Community Development Director recommending approval of Commercial Revitalization Budget FY 1997-98. Accepted. (*97-361) Report from Community Development Director recommending Commercial Broker Incentive Program Eligibility Criteria. Accepted. (*97-362) Report from the Historical Advisory Board recommending designation of the Posey Tube Building as a City Monument; and Resolution No. 12893, "Designating 2295 Mariner Square Loop (Posey Building) a City Historical Monument. Adopted. (97-363) Resolution Authorizing an Advance Under the Cooperation Agreement Between the City of Alameda and the Community Improvement Commission. Held over. (97-364) Resolution No. 12894, "Establishing Disadvantaged Business Enterprise Program Goals for Fiscal Year July 1, 1997 through June 30, 1998." Adopted. Councilmember Daysog stated that he is committed to making sure the City works with disadvantaged businesses and opposes shifting the goal from 17% to 10%. In response to Councilmember Kerr's inquiry regarding the 10% goal, the Public Works Director stated there have been several recent court cases indicating that a goal other than 10% requires a detailed and costly analysis. The City Attorney stated staff could prepare a report on the City's ability to do a disparity study. Councilmember Daysog inquired whether a disparity study would be required by the party contesting a goal. Councilmember Lucas moved that Council accept the staff recommendation and direct the City Attorney to write a response to Councilmember Daysog's concerns. Vice Mayor DeWitt seconded the motion. Under discussion, Mayor Appezzato stated that the City exceeded the 17% goal in many of its projects. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Kerr, Lucas and Mayor Appezzato - 4. Noes: Councilmember Daysog - 1. (*97-365) Ratified the bills in the amount of $2,110,170.09. Regular Meeting Alameda City Council July 1, 1997 (97-366) Resolution No. 12895, "Reappointing Dominador Dicolen 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. The City Clerk administered the Oath of Office and presented Mr. Dicolen with a Certificate of Appointment. (97-367) Resolution No. 12896, "Appointing Jerry C. Jacopetti as a Member of the City Historical Advisory 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 Mr. Jacopetti with a Certificate of Appointment. (97-368) Resolution No. 12897, "Reappointing Louis (Lou) R. Baca as a Member of the City Housing 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. Baca with a Certificate of Appointment. (97-369) Resolution No. 12898, Appointing Carmen R. Britter as a Senior Tenant Member of the City Housing 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 Ms. Britter with a Certificate of Appointment. (97-370) Resolution No. 12899, "Reappointing Susan Correa as a Member of the City Library Board." Adopted. Councilmember Lucas moved adoption of the Resolution. Regular Meeting Alameda City Council July 1, 1997 Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. Susan Correa was not present at the Council Meeting (97-371) Resolution No. 12900, "Reappointing Nancy Lewis as a Member of the City Library Board." Adopted. Councilmember Kerr moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. Nancy Lewis was not present at the Council Meeting. (97-372) Resolution No. 12901, "Reappointing Stephen P. Fee as a Member of the City Planning Board." 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. Fee with a Certificate of Appointment. (97-373) Resolution No. 12902, "Reappointing Ronald J. Rossi as a Member of the City Planning Board. Adopted. Councilmember Lucas moved adoption of the Resolution. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Rossi with a Certificate of Appointment. (97-374) Resolution No. 12903, "Appointing Edwin G. Dankworth as a Member of the Social Service Human Relations Board." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Dankworth with a Certificate of Appointment. (97-375) Resolution No. 12904, "Reappointing Noel W. Folsom as a Member of the Social Service Human Relations Board." Adopted. Regular Meeting Alameda City Council July 1, 1997 Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Folsom with a Certificate of Appointment. (97-376) Resolution No 12905, "Appointing Kenneth P. Werner as a Member of the Social Service Human Relations Board." Adopted. Councilmember Daysog moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented Mr. Werner with a Certificate of Appointment. (97-377) Public Hearing to consider an appeal of the Planning Board's denial of Variance 97-03, for the construction of a second story deck, to within one foot of the side and rear property lines where seven and fifteen feet, respectively, are required, and the expansion of the second story residential use by 328 square feet. The property is located at 1305 Lincoln Avenue. Applicant/Appellant: Kin Man Li. Resolution No. 12906, "Denying the Appeal of Kin Man Li and Upholding the Planning Board's Denial of Variance, V-97-3, and Major Design Review, DR-97-21 for 1305 Lincoln Avenue." Adopted. Mayor Appezzato opened the public portion of the Hearing. Pegge Trail, Alameda, provided a brief history on the property and urged approval of the Variance. Tony Dirito, Alameda, requested the Council to uphold the decision of the Planning Board regarding Variance V-97-3. Kin Man Li, Applicant/Appellant, summarized the project. Elizabeth Van Deventer, Alameda, stated the project would make an important contribution to the community. John W. Lew, Alameda, urged the Council to uphold the denial. Naomi L. Feyer, Alameda, read a letter from Patty Farrington, Petaluma, opposing Variances. Glen B. Farrington, Petaluma, stated the requested Variances are at Regular Meeting Alameda City Council July 1, 1997 24B the expense of the neighbors. Barbara Lemar stated various objections and requested the Council to deny the Variance. In response to Councilmember Kerr, Barbara Lemar stated that kitchens for the upper floor of the property owned by her father were planned and permitted, however, never completed. John Ravet, Alameda, stated Mr. Li's plan is a major plus to the area. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. In response to Councilmember Lucas's inquiry regarding the project, the Planning Director stated that based on factual circumstances, the lower level was permitted to be re-developed as a commercial space; and one reason for the Planning Board's denial was its determination that the development of the proposed decks would be a detriment. Councilmember Kerr stated the proposed privacy railings around the deck would take light away from the kitchen of the next door neighbor on Lincoln Avenue, and possibly affect the light going into the back of the building on Sherman Street, to which the Planning Director stated that there had been testimony objecting to activity on the deck and impacts on lighting. Councilmember Daysog stated the impacts on the neighbors should be taken very seriously, and that he concurs with the findings of the Planning Board. Vice Mayor DeWitt stated infill is not the way to go; the main objections are lighting and privacy; and that he supports the Planning Board's position, although he would like the project to provide the best living space possible without interfering with the neighbors. Mayor Appezzato stated that he could not find any basis to overturn the Planning Board's decision. Councilmember Lucas moved that Council uphold the Planning Board's decision. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. Councilmember Kerr stated that Planning Board Member Beverly Johnson brought up the issue that there should be written standards Regular Meeting Alameda City Council July 1, 1997 2 S for determining how many units exist in a building, and that she concurs. (97-378) Public Hearing to consider an appeal of the Planning Board's decision to uphold the Planning Director's determination regarding development of properties located to 2607 Santa Clara Avenue, 1500 and 1506 Broadway Avenue within the R-4 (Neighborhood Residential) Zoning District. Applicant/Appellant: Edward Murphy. Resolution No, 12907, "Denying the Appeal of Edward Murphy and Upholding the Planning Board's Decision Regarding Properties Located at 2607 Santa Clara Avenue, 1500 and 1506 Broadway Street, Alameda." Adopted. Mayor Appezzato opened the public portion of the Hearing. Edward Murphy, Applicant/Appellant, stated that his attorney, Joseph Wood, was unavailable, however, all arguments are clearly in the record. Morton Wellhaven, Alameda, spoke in favor of the Resolution denying the Appeal. Mayor Appezzato closed the public portion of the Hearing. Councilmember Lucas moved that the City Council uphold the Planning Board's decision. Councilmember Kerr seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. Mayor Appezzato called a recess at 8:50 p.m. and reconvened the meeting at 9:03 p.m. (97-379) Report from the Historical Advisory Board recommending the continued use and possible addition to the Carnegie Library. Gary McAfee, Alameda, inquired who runs the library, to which Mayor Appezzato responded that the City runs it; however, if a new one was to be built or library expanded, the voters would vote on the matter. The Public Works Director, in response to Mr. McAffee's inquiry regarding funding of seismic work, stated 50% of the seismic work would be funded by a State grant and 50% with City funds; a Consultant has almost completed a historic study of the building [Carnegie building], which when approved, will allow the City to proceed with plans and specifications. Regular Meeting Alameda City Council July 1, 1997 250 Mr. McAfee stated that he submitted a design which requires the old mortuary property; that the mortuary--currently the church [Nazarene Church]--has requested other property in the Park Street area; there are two sites available: the old Central Market site and the Williams Market site; and if Council delays, those options will be gone. Gertrude Woods, stated when the Main Library moves from the Carnegie to the Historic Alameda High School, a part of the library collection will be left somewhere and services will suffer; it appears the City Council is determining to retrofit the Carnegie; it will cost more than $3 Million; there will be one- third less usable space in that building; $264,000 has already been spent on an architectural plan for a new library, $294,000 on an Environmental Impact Report, and $13,600 on a Geotechnical analysis; at this time, she cannot see further expenditure of City staff time or funds to analyze renderings by volunteer architects [of the main library] who do not have a clue whether the library program can fit within. Kate Quick, Library 2000, stated pricing a structure, and not its contents, is a worthless exercise; Library 2000 wants the Carnegie preserved and in its present context; and even if there is a cost- free trade with the Church of the Nazarene, it will cost a lot of money to demolish the current church, grade the ground and build a parking lot. Dave Plummer, Vice Chair, Historical Advisory Board (HAB), stated that on September 17, 1996, the Board made a presentation on the expansion of the Carnegie Library building; the expansion involved a plan which included a parking area and potential use of the property located immediately to the west of the Carnegie building; on September 17th, the Council moved acceptance of the staff recommendation that the plans be provided to the Library Board and Public Works Director for review; and that he is before Council because the Board believes the City Council deserves both an evaluation and comments from the Library Board and Public Works Director [on the plans]. Archie Waterbury, Alameda, stated the Historical Advisory Board lacks both the jurisdiction and the expertise to advise on the location of the Alameda Public Library; and he requests the Council to not pay much heed to the recommendation of the Board in this matter. Susan McCormack, Alameda, stated C.H. Foster's home should not be torn down; the home should be placed on the National Register of Historic Places. Carol Gottstein, M.D., stated C.H. Foster deserves recognition; Mr. Regular Meeting Alameda City Council July 1, 1997 251 Foster was a man of many talents and known as the father of Alameda builders; C.H. Foster constructed the Carnegie Library and built his principle residence directly behind it; the Carnegie should not be expanded and it would make a wonderful branch library. Frank Matarrese, Co-chair, Library 2000, stated the Carnegie building should be preserved; it is not adequate as a Main Library; and past proposals and decisions identifying Lincoln Avenue and Oak Street as the site of a new Main Library should be remembered. Councilmember Daysog stated that the people of Alameda are responsible for the Library; there has been a demonstrated concern for a bigger and new library; and he would like a library at the Linoaks site. Councilmember Kerr stated engineering studies done for Measure C indicate a cost of just over $3 Million; it was an independent study sent to the voters; no one ever mentions the loss of space in the retrofitted Carnegie due to ADA requirements: increased space requirements for wheelchair access; incremental stages of expanding the library should be reviewed; Council needs information on the property swap regarding the Navy Base Chapel before voting on the issue; the fact that the Linoaks site was turned down in the pre- Proposition 218 environment should not be ignored; and that a larger expanded library has not been turned down. Councilmember Lucas stated that the voters did not approve Measure C, so there is no chance of funding a Library at the Linoaks site; the State turned the City down twice; she does not even see a less expensive version adjacent to the Carnegie as a realistic option at this point; she appreciates grant monies for seismic work; and everything else has to be left for a time when money is available. Councilmember Lucas moved that the City Council accept the communication. Vice Mayor DeWitt seconded the motion. Under discussion, Mayor Appezzato stated that he does not think the citizens turned down a library, however, they did not want to pay for one. Councilmember Daysog moved that the Council proceed to the next agenda item, and not take action on the matter before them. Councilmember Daysog's motion failed due to lack of a second. On the call for the question on Lucas's motion to accept the communication, the motion carried by the following voice vote: Councilmembers DeWitt, Kerr, Lucas and Mayor Appezzato - 4. Noes: Regular Meeting Alameda City Council July 1, 1997 Councilmember Daysog - 1. (97-380) Report from City Clerk recommending award of contract for publishing of Legal Advertisements for FY 1997-98. Randall Sparing, Legal Counsel for the Alameda Times Star, urged the City Council to accept the recommendation of the City Attorney with respect to the legal bid process; stated the importance of this bid relates to the competitive bidding process in that the bid stated it was to be a sealed bid; the Alameda Journal submitted their bid after the 2:00 p.m. deadline and after they had the opportunity to be informed of the Alameda Times Star's bid; to accept the Alameda Journal's bid would not promote the competitive bidding process; the legal brief that the Alameda Journal submitted on this issue did not cite the one case that permitted a late bid to be accepted; instead the letter brief attempted to describe the late bid as a mere technicality, but California courts have been clear on this issue: a mere technicality is where there is a variance in the bid that does not effect the price; that the Alameda Times Star turns out to be most favorable one [bid]: Times Star reaches a larger circulation than the Alameda Journal and submitted the lowest bid; and he urged the Council to accept the City Attorney's recommendation with respect to the bid. Kate Freeland, Attorney for the Alameda Journal, stated there is no dispute that the Alameda Journal's bid was submitted 27 minutes late; the question is whether that deviation from the requirements is material; true there are no cases that state that is not a material deviation; but it is also true that there is no case in California that says that you cannot, as the finder of fact in this case, determine that in these circumstances it was not an immaterial deviation; the cases give you the ability to make a finding of fact that this is not a material determination so that you that can permit the bid; the cases say that what you look to is whether the deviation in some manner destroys the competitive bidding process; the fact that our bid was late had we come based on the information in the Star's bid and come in with a lower bid, would indicate that there had been some opportunity for manipulation; in fact, the bid submitted admittedly is not lower; and that goes to the point, why Council should take very seriously the question of looking at the Journal's bid and permitting it; the bid that was submitted was submitted 27 minutes late, admitting it does not materially affect the competitive bidding process for Alameda, and, in fact, the bid that the Journal submitted is the one which will promote the most effective, economical actual notice of the legal proceedings to the people of Alameda; and after hearing Mr. Benson, the Journal's publisher, Council may decide, even if it determines that the Journal's deviation was material, that it should exercise its authority under the City Charter, to disregard all bids, and put legal advertising matter up for re-bid. Regular Meeting Alameda City Council July 1, 1997 Cliff Benson, Publisher, Alameda Journal, stated the Alameda Journal's bid was sealed two weeks before the deadline; the bid was not changed; he has an obligation to challenge the bid of the Alameda Times Star as being high; every newspaper in California is audited by a third party; the Alameda Journal reaches 92% of the people of Alameda; the Times Star is not audited, they are part of the Oakland Tribune; the Times Star's attorney sent a letter to everyone to challenge the Journal's challenge that says that the paid subscription of the Alameda Times Star is at 4,864; on top of that, the Alameda Times Star claims that the Journal's circulation figures about the Times Star's figures are wrong, because they have another product that they deliver to 24,000 households in Alameda: it [the product] is a single sheet wrap that is used only to cover inserts; it has no readership value, no advertising value, certainly not worth $5.04 per column inch; if you use the Alameda Times Star for legal advertising, you are omitting 83% of Alameda taxpayers, and in comparison by cost, with the Times Star's $5.04 and the Alameda Journal's $7.45, the Alameda Times Star's cost is 300% higher per household; and Council should use its discretion and the right to reject all bids. Don Roberts, Alameda, urged the City Council to select the award winning Alameda Journal as the City's Official Newspaper. Councilmember Lucas stated the City Attorney has very clearly stated the legal position is that the contract may not be awarded to the Alameda Journal, and moved that Council award the contract to the Alameda Times Star. Councilmember Daysog suggested that one newspaper be given 55% of the City's legal advertising, and the other newspaper 45%. The City Attorney stated the Charter requires that there be one newspaper designated as the official newspaper and all legal advertising be placed in that newspaper. Councilmember Daysog stated that the arguments raised by the Alameda Journal are important, the costs should be looked at, and he would prefer to disregard the bids and start over again. Councilmember Kerr stated the Times Star is a newspaper on its way out, it is not known what its circulation will be at the end of this year, and the cost per newspaper is cheaper with the Alameda Journal. The City Attorney stated that the Alameda Journal knew of the Alameda Times Star bid; the bid became a public record at 2:00 p.m.; the Journal spoke with the City Clerk prior to submitting their bid; she believes Mr. Benson did not alter the bid, however, what transpired impaired the bidding process, including the Regular Meeting Alameda City Council July 1, 1997 254 confidentiality factor; and the combination of the late bid and the Journal's knowledge of the exact bid of the Times Star prior to submitting their own bid, prevents the Council from awarding the contract to the Journal. However, Council does have the discretion of rejecting all bids and directing that the bidding process be done again; and Council should note that it has the option of awarding the contract to the lowest and best bid and not solely look at cost. Councilmember Kerr stated that she would like to consider the second option. Vice Mayor DeWitt seconded Councilmember Lucas's motion to award the contract to the Alameda Times Star. Under discussion, Vice Mayor DeWitt stated that there is a legal requirement and there is a lowest bidder. Councilmember Daysog stated that he does not believe it is strictly a legal matter; he believes it is a matter of serving the community as best as Council can; and he would prefer to disregard the bids and re-advertise for bids, and so moved. Councilmember Kerr seconded Councilmember Daysog's motion to reject all bids and open the bidding process again. Under discussion, the Mayor stated that he has a high regard for the Alameda Journal, however, the right thing to do at this time is to go with the low bid; to not do so, sends a message that the Council would be prepared to not entertain low bids for reasons that may, or may not, be valid. He will support the original motion and support the recommendation of the City Clerk. On the call for the question on the substitute motion made by Councilmember Daysog, the motion failed by the following voice vote: Ayes: Councilmembers Daysog and Kerr - 2. Noes: Councilmembers DeWitt, Lucas and Mayor Appezzato - 3. On the call for the question on the original motion to support the recommendation to award the contract to the Alameda Times Star, the motion carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas and Mayor Appezzato - 3. Noes: Councilmembers Daysog and Kerr - 2. (97-381) Status Report from Community Development Director regarding Homeownership Programs and approval of Down Payment Assistance Program. Neil Patrick Sweeney, Alameda, stated that the matter before the City Council is not getting enough publicity. Regular Meeting Alameda City Council July 1, 1997 Councilmember Daysog stated that no opportunity should be missed to create another BlackHawk community; the City should be intentional in going after high- to middle-income families; Alameda is losing the middle class tax base that it once had; the 60% renter rate is an indicator that Alameda is losing that middle class base; the type of housing that should be developed at NAS should be nothing short of another BlackHawk. Councilmember Kerr stated that she supports assistance with down payments, in terms of silent seconds or other methods which may come up; the homeownership program can be used to preserve and upgrade the older neighborhoods which are important capital assets; she wants to see a good communication established between the Human Resources Departments of companies, and not only high tech companies; she would like the emphasis to be on helping with the down payment rather than the shared equity being paid off at the end; and choosing a committee is not on the agenda this evening, and should be deferred. Mayor Appezzato stated that he understands Councilmember Kerr has two nominees, as does Vice Mayor DeWitt. Vice Mayor DeWitt stated that he strongly endorses the Program, and he is anxious to see it move forward. Vice Mayor DeWitt moved approval of the recommendations, and stated once the committee is in place, exact allocations can be reviewed. Councilmember Kerr stated she would support the motion, because the recommendation does not nail down, in burdensome detail, the allocation of the funding or the kinds of programs. Mayor Appezzato stated that he has a concern regarding condo conversion; there are a lot of rental properties that owners may want to convert; the City should not make those properties sub- standard; and that any changes to the condo conversion law should be taken very judiciously, so that properties are not created that look like homeownership, but are just the opposite. Councilmember Kerr stated that she concurred with the Mayor's concern. On the call for the question, the motion carried by unanimous voice vote - 5. (97-382) Resolution No. 12908, "Authorizing City Manager to Execute an Amendment to Existing Curbside Recycling Agreement with Waste Management of Alameda County in Order to Provide Interim Coverage for Residential Recycling Services for a Period of up to Six Months and Setting Residential Curbside Recycling Rates for this Interim Regular Meeting Alameda City Council July 1, 1997 Period at $2.24 per Unit." Adopted. Susan McCormack, Alameda, encouraged the Council to adopt the resolution. Councilmember Daysog moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (97-383) Introduction of Ordinance Amending Ordinance No. 2096 to Provide for a Six Month Extension of the Existing Cable Franchise Agreement with United Cable Television of Alameda, Inc., D/B/A TCI Cablevision of Alameda. Introduced. Neil Patrick Sweeney, Alameda, stated cable will be out of existence in the U.S. by the year 2006, and he would like someone to research the matter. He suggested that staff think satellite television. Councilmember Kerr moved introduction of the Ordinance. Councilmember Daysog seconded the motion. Under discussion, Councilmember Lucas stated that Council should be informed on what the alternatives will be in six months. The Public Works Director stated that the biggest bone of contention in the negotiations is the length of the contract. The City Manager stated that under no circumstances would staff recommend a franchise period of longer than five years. Mayor Appezzato stated that San Bruno runs its own cable television system, does it very reasonably and makes money for the community; the City cannot do that at this point, unless the industry is deregulated or the voters approve the City getting into the cable business; and it is a matter that should be continually reviewed. The Acting General Manager of the Bureau stated that the Public Utilities Board will receive a proposed business plan at the July 21 Meeting; the Board will review and provide information on a proposed municipal-operated cable television system in Alameda. The City Attorney stated that the City is in the process of pursuing a court validation action, in order to ensure that the City does not violate the Charter by having a municipal-operated cable, or any other telecommunications, activity. Councilmember Lucas stated she understands there is a tour of the Regular Meeting Alameda City Council July 1, 1997 San Bruno facility in August. On the call for the question, the motion carried by unanimous voice vote - 5. (97-384) Final Passage of Ordinance No. 2739, "Reclassifying and Rezoning Certain Properties within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., for that Property Located at 3241/3243 Garfield Avenue." Finally passed. Vice Mayor DeWitt moved final passage. Councilmember Lucas second the motion, which carried by unanimous voice vote - 5. (97-385) Final Passage of Ordinance No. 2740, "Authorizing Transfer by Grant Deed of Certain City Owned Real Property (Along Atlantic Avenue) to the Community Improvement Commission of the City of Alameda." Finally passed. Gary McAfee, Alameda, discussed various issues, including Base Reuse, tourism proposal, the relinquishment of a rail right- of- way, and special interests vs. the people. Councilmember Kerr stated that she was unaware of ever supporting giving away City property, and that the Alameda Reuse and Redevelopment Authority is about as public a process that you can get. Daryl Browman, Browman Development Company, stated that he was available to answer any questions. Councilmember Daysog moved final passage. Vice Mayor DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Kerr and Mayor Appezzato - 4. Noes: Councilmember Lucas - 1. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-386) Gail Winterbauer, Alameda, stated adequate public notice was not given for the June 15th Recycling Committee Meeting. (97-387) Neil P. Sweeney, Alameda, discussed development of Alameda Point. (97-388) Carol Gottstein, M.D., discussed conflicting communications regarding the status of the Alameda Historical Museum, e.g. private vs. public entity, and stated that she had discussed the matter with the Assistant City Attorney. Regular Meeting Alameda City Council July 1, 1997 Mayor Appezzato suggested that Dr. Gottstein meet with the City Attorney to discuss said matter and resolve the issue. (97 -389) Susan McCormack, Alameda, discussed the scheduling of the Recycling Committee Meeting in June, and stated various reasons why she was not satisfied with the date selected. COUNCIL COMMUNICATIONS (Communications from Council) (97 -390) Councilmember Daysog stated the closure and conversion of NAS is a regional matter; the matter of housing, however, should be reserved to the City; and he would like the members of the Alameda Reuse and Redevelopment Authority to acknowledge that housing is a special case and said matter reserved to the elected members of the City Council and citizens of Alameda. Councilmember Daysog further stated that the City Manager should prepare a letter to the Mayor of Oakland, Mayor of San Leandro, Alameda County Board of Supervisors, and the Office of Congressman Dellums for the purpose of getting a gentleman's agreement on how and who votes on matters regarding housing at NAS; and that the letter should be discussed with the City Council and prepared as soon as possible. (97 -391) Councilmember Kerr stated that Council recently approved a modification for plans for Park Street Corridor Signal; it was going to be a four -way left turn ability at Buena Vista and Park Street; it has since been objected to by some of the surrounding businesses; and the matter should come back to Council if it affects surrounding residential areas. The staff report may be placed on the Consent Calendar. The City Manager stated that the matter probably should have been returned to Council for review if the proposed changes are classified as major, and he has requested staff to address the matter. (97 -392) Councilmember Kerr stated that she read in an Activity Report that staff is awaiting a guarantee on the vessel modifications of Harbor Bay II Ferry Vessel; she is very concerned about any attempts to resuscitate it; and an off agenda report should be provided explaining said matter. (97 -393) Councilmember Kerr stated that Council received a memo from an East Bay group on a proposed four -day tent city forum for the homeless at Alameda Point, the City Manager is handling the matter very well, and she does not want any danger of turning Alameda Point into a People's Park. The City Manager stated that staff would address Councilmember Kerr's concern. Regular Meeting Alameda City Council July 1, 1997 (97-394) Consideration of Mayor's nominations (2) for appointment to the Historical Advisory Board. Mayor Appezzato nominated Dian McPherson and Nancy J. Gill. (97-395) Consideration of Mayor's nomination for appointment to the Planning Board. Mayor Appezzato nominated John Piziali for appointment to the Planning Board. (97-396) Consideration of Mayor's nomination for appointment to the Public Utilities Board. Mayor Appezzato nominated Sebastian Baldassare to the Public Utilities Board. (97-397) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. This item was not heard. ADJOURNMENT * * * (97-398) Mayor Appezzato adjourned the meeting at 10:53 p.m. in memory of Robert DeCelle. Respectfully submitted, 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 July 1, 1997