1997-07-15 Regular CC MinutesREGULAR CITY COUNCIL MEETING
TUESDAY- - -JULY 15, 1997- - -7:30 P.M.
Mayor Appezzato called the meeting to order at 7:38 p.m.
Councilmember Lucas led the Pledge of Allegiance.
Reverend Clark Flesher, First Baptist Church, gave the Invocation.
ROLL CALL Present: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
Absent: None.
Mayor Appezzato announced that the Report from the Public Works
Director on Recycling would be the first item addressed by the City
Council.
(97-400) Report from the Public Works Director transmitting report
from the Alameda Citizens Recycling Committee on Recycling Billing
Options and Authorizing the City Manager to execute an amendment to
the Curbside Recycling Agreement with San Leandro Recycling to
allow Direct Billing for Residential Recycling Services.
Ruth Abbe, Chair, Recycling Committee, stated the Committee, at the
direction of the City Council, held public meetings to reconsider
the recommendation for the recycling program billing method; at the
conclusion of the Committee's second meeting, there was a unanimous
vote to continue to recommend the method of placing the billing on
the tax rolls; however, staff has determined that it is not
possible for the City to implement the tax roll billing and still
preserve the green waste exemptions which should be included in the
program; the Committee met again to discuss the issue and now
recommends: 1) the direct billing method due to recently determined
logistical difficulties with implementing the preferred choice of
property tax billing, 2) that staff closely monitor the bad debt
ratio after each billing cycle, 3) that Council adjust fees up or
down to reflect the community's actual payment record, and 4)
should the bad debt ratio exceed 20%, the Council reconsider
placing the recycling fees directly on the property tax bill in
1998.
William McCall, Sr., stated that he understood there was a meeting
held by the Recycling Committee; he did not received notice; and
inquired whether there was a violation of the Brown Act.
Regular Meeting
Alameda City Council
July 15, 1997
The City Attorney stated a Special Meeting of the Committee was
called for 5:00 p.m. today, and proper notice was given.
Mr. McCall stated that public notice should have been provided on
cable television and in the newspapers.
Mayor Appezzato requested the City Attorney to check on the matter.
Mr. McCall inquired whether the comments by the City Attorney
published in the Alameda Journal Newspaper today were valid ones.
The City Attorney responded that her opinion on the matter was a
valid legal opinion.
Mayor Appezzato stated that Mr. Frates's letter was addressed to
the newspaper and to each member of the City Council, and he
[Mayor] thought it was appropriate to forward the City Attorney's
legal opinion in response to Mr. Frates's allegations to the
Alameda Journal.
Mr. McCall questioned whether the City was subsidizing a private
company.
City Staff Member Marge McLean stated the Requests For Proposal
required all companies to provide a minimum budget for public
education purposes.
Gayle Winterbauer, Alameda, urged the City Council to support
direct billing.
Marty Frates, Alameda, stated that he opposed the proposal: billing
matter should have been a part of the original bid process; it is
criminal to put cost-of-living into a Contract; public notice of
Committee meetings was not sufficient; and Mr. Frates read his
letter published in the Alameda Journal.
Ms. D. Chow, Alameda, thanked the City Council for their
consideration of direct billing.
Diane Lichtenstein, Alameda, spoke in favor of placing the billing
for recycling on property tax rolls.
Andrew McCormack, Alameda, spoke in support of direct billing.
Susan McCormack, Alameda, stated that she was never informed by
City staff of the Recycling Committee Meeting held today, and that
the procedure for casting votes for similar elections should be
reviewed.
Mayor Appezzato requested the City Attorney to contact the Jarvis
organization and explain the problems Alameda experienced with the
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Alameda City Council
July 15, 1997
Proposition 218 process.
Troy Staten, Alameda, spoke in support of placing the billing on
the property tax rolls.
Jill Staten, Alameda, stated that she and her neighbors are in
support of San Leandro Recycling Company and property tax billings.
Morten Wellhaven, Alameda, stated that he was in favor of direct
billing.
Neil Patrick Sweeney, discussed various financial planning
proposals.
Sonia Diermayer, Alameda, spoke in support of direct billing.
Len Grzanka, Alameda, spoke in opposition to billing on property
tax rolls.
Councilmember Lucas stated that direct billing is the only
alternative at this point, and moved approval of the recommendation
for direct billing.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr stated that she was concerned
with the statement in the staff report that customer payments will
be monitored by City staff and any revenue shortfall due to
uncollected billings would need to be supplemented by the City's
Measure D Fund; also with the comment that the City had somehow
made a commitment with San Leandro Recycling (SLR), since SLR had
bought the necessary number of trucks to do the job; and she
requested staff to provide the status of the SLR contract.
City Staff Member Marge McLean stated the contract requires SLR to
provide recycling services to every residence in the City; Measure
D, voted on by the residents of Alameda County, requires the City
to do so; if service is not provided, the City would lose between
$300,000 to $400,000 per year in funding for recycling programs;
the Contract has been signed.
Councilmember Kerr stated that the City is essentially taking
responsibility for SLR's capital investment [purchase of trucks],
to which Marge McLean responded in the affirmative.
Councilmember Daysog stated it is clear residents of the City
support recycling; Council has chosen the right billing method; and
the City should move forward with the program.
Mayor Appezzato thanked the Recycling Committees for their services
to the Community.
Regular Meeting
Alameda City Council
July 15, 1997
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and Mayor
Appezzato - 4. Noes: Councilmember Kerr - 1.
* * *
Mayor Appezzato announced that the Community Improvement Commission
would be convened at this time, and the Regular City Council
Meeting reconvened thereafter.
Councilmember Lucas so moved.
Councilmember Daysog seconded the motion, which carried by
unanimous voice vote - 5.
* * *
Mayor Appezzato called a recess at 8:28 p.m. and convened the CIC
meeting at 8:48 p.m.
* * *
Mayor Appezzato reconvened the Regular Council Meeting at 11:22
p.m.
SPECIAL ORDERS OF THE DAY
(97-401) Lynne Fitzsimmons, Park Street Business Association,
presented the City Council and staff with Park Street 13th Annual
Art and Wine Street Faire Glasses and Posters.
CONSENT CALENDAR
Mayor Appezzato announced that the Resolution Authorizing an
Advance Under the Cooperation Agreement Between the City of Alameda
and the Community Improvement Commission was pulled from the
Consent Calendar for discussion.
Councilmember Kerr moved approval of the remainder of the Consent
Calendar.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5. [Items so enacted or adopted are indicated by an
asterisk preceding the paragraph numbers.]
(*97-402) Minutes of the Special City Council Meeting held on July
1, 1997. Approved.
(*97-403) Report from Community Development Director recommending
Regular Meeting
Alameda City Council
July 15, 1997
28'
adoption of CDBG FY 1997-98 Action Plan Amendment No. 1, approval
of the Commercial Predevelopment Assistance Program, and
authorization to Execute Related Documents. Accepted.
(*97-404) Report from Community Development Director regarding West
Alameda Target Area Activities and recommending semi-annual
reports. Accepted.
(*97-405) Report from Community Development Director regarding the
Winter/Spring edition of the California Main Street newsletter
entitled, "Achieving Economic Vitality on Main Street". Accepted.
(*97-406) Report from Chief of Police recommending support for
Assembly Bill 1031 (Frusetta) Registration of Gang Members.
Accepted.
(*97-407) Report from Planning Director submitting 1997 Annual
Report on Implementation of the Housing Element. Accepted.
(*97-408) Report from Public Works Director recommending acceptance
of work by Rich Himenez Concrete for Repair of Portland Cement
Concrete Sidewalk, Concrete Sidewalk Grinding, Curb, Gutter and
Driveway for Fiscal Year Ending June 30, 1997, No. P.W. 04-96-04.
Accepted.
(*97-409) Report from Public Works Director recommending acceptance
of work by Harold Hutson Construction for Minor Street Patching
with asphalt concrete for Fiscal Year ending June 30, 1997, No.
P.W. 04-96-05. Accepted.
(*97-410) Report from Public Works Director recommending acceptance
of work by McGuire and Hester for Pearl Street Storm Drain, Edison
Court to Eagle Avenue Project, No. P. W. 11-96-13. Accepted.
(*97-411) Report from Public Works Director recommending approval
of Modifications to Plans for Park Street Corridor Signal
Modifications, Phase 2, No. P. W. 05-97-11, to include Northbound
and Southbound Restrictions on Park Street at Buena Vista Ave.
Accepted.
(*97-412) Report from Public Works Director recommending adoption
of Plans, Specifications and Estimates (PS&E) and authorization to
call for bids for Pedestrian Signal Heads at Various Locations.
Accepted.
(*97-413) Resolution No. 12909, "Establishing Free Three-Hour
Parking for Park Street Business District Meters during the
Hometown Holiday Event and Free Two-Hour Parking during Closure of
Park Street Bridge." Adopted.
(97-414) Resolution No. 12910, "Authorizing an Advance Under the
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Alameda City Council
July 15, 1997
6
Cooperation Agreement Between the City of Alameda and the Community
Improvement Commission." Adopted.
Councilmember Kerr stated that she pulled the item from the Consent
Calendar because such loans from the General Fund should not be
placed on it; and she moved approval of the recommendation that a
workshop be scheduled in six months on the Community Improvement
Commission's budget.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
(*97-415) Affidavit of City Manager and Chief of Police Pursuant to
Section 17-11 of the Charter of the City of Alameda. Accepted.
(*97-416) Ratified Bills in the amount of $3,246,346.84.
REGULAR AGENDA ITEMS
(97-417) Resolution No. 12911, "Appointing John A. Piziali 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.
(97-418) Resolution No. 12912, "Appointing Sebastian M.
Baldassarre as a Member of the City Public Utilities Board."
Adopted.
Councilmember Daysog moved adoption of the Resolution.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(97-419) Public Hearing on Annual Report and Intention to Order
Levy of Assessments - Island City Landscaping and Lighting District
84-2; and
Resolution No. 12913, "Approving Engineer's Report, Confirming
Diagram and Assessment and Ordering Levy of Assessments, Island
City Landscaping and Lighting District 84-2." Adopted.
Mayor Appezzato opened the Public Hearing.
There being no public speakers, Mayor Appezzato closed the public
portion of the Hearing.
Vice Mayor DeWitt moved adoption of the Resolution.
Regular Meeting
Alameda City Council
July 15, 1997
Councilmember Kerr seconded the motion.
Under discussion, the Public Works Director reported that 80
ballots were presented to the owners of the property in the sixth
area; sixty seven (67) yes votes and seven (7) no votes were cast;
and that a majority of 89.3% was tallied and the levy may be
ordered.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(97-420) Report from Public Works Director recommending allocation
of General Fund revenues in the amount of $22,300 in FY 1997/98 as
matching funds for the Transportation Fund for Clean Air (TFCA)
Project West End - Shopper Shuttle.
Susan McCormack, Alameda, inquired which private developer was
contributing only $11,000.
The Public Works Director responded that the Marina Village and
Paragon projects had a certain amount of funds designated to pay a
portion of Transportation System Management obligations.
Councilmember Daysog explained that the shuttle is an economic
development tool.
Vice Mayor DeWitt stated that Quality Inn on Webster Street
indicated that the shuttle would benefit business.
Councilmember Lucas stated that monthly staff reports should be
provided on the shuttle service; if after the first or second month
there is not adequate use, the shuttle be discontinued.
Councilmember Lucas moved Council approval of the recommendation
and a proviso for monthly status reports.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr stated that the AC Transit No.
12 Bus provides a shuttle from BART to Marina Village, and during
commute hours the No. 12 travels down Buena Vista Avenue, across
the Fruitvale Bridge to the Fruitvale BART Station in Oakland; No.
12 has trouble getting adequate ridership, so perhaps no one will
be taking the shopper shuttle; other concerns are coming up with
the $22,000 General Fund monies and a conflict with the City
Charter insofar as the City going into the bus business.
Councilmember Daysog stated that he is confident the shuttle will
succeed, and that the service may turn into a fully-funded private
sector shuttle.
Regular Meeting
Alameda City Council
July 15, 1997
In response to Mayor Appezzato's inquiry whether the shuttle
service could be terminated after one month if it is not
functional, the Public Works Director stated staff would review the
grant and try to include a cancellation clause in the Agreement.
The City Manager stated that an escape clause should be included in
the Agreement; if such a clause cannot be negotiated, the
opportunity will be forfeited; however, if staff is successful in
negotiations, the City Council can determine the period of time for
the cancellation clause; and that staff will report back to Council
on the matter.
Councilmember Lucas amended her motion to authorize staff to
negotiate the inclusion of an escape clause.
Councilmember Daysog seconded the motion.
On the call for the question, the motion carried by the following
voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas and
President Appezzato - 4. Noes: Councilmember Kerr - 1.
(97-421) Final Passage of Ordinance No. 2741, N.S. "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." Finally passed.
Councilmember Lucas moved final passage of the ordinance.
Vice Mayor DeWitt seconded the motion, which carried by unanimous
voice vote - 5.
(97-422) Report from City Manager recommending ratification of
Administrative Instruction No. 36, Staff/Council Communication
Policy.
Don Roberts, Alameda, stated that he disagrees with the City
Manager's proposal; in his [Robert's] opinion, the City Charter
allows any member of the City Council to contact, for purposes of
inquiry, any member of staff without going through the City Manager
or Department Heads; and if restrictions are desired, the proposal
should placed on the ballot in order to revise the City Charter.
Susan McCormack, Alameda, stated that Councilmembers should not,
other than for purposes of inquiry, have the right to go directly
to staff.
Councilmember Kerr stated that Councilmembers submit requests for
action which do not necessarily require City Council action, e.g.
a request for a City Council Meeting Packet early; and the Request
for Action statement in Administrative Instruction No. 36 should be
amended to allow individual Councilmembers to directly request
Regular Meeting
Alameda Oity Council
July 15, 1997
administrative action to the City Manager.
The City Manager stated Councilmember Kerr raised a very
appropriate point, that there are inconsequential procedural
requests, and it makes sense to have flexibility.
Vice Mayor DeWitt moved acceptance of the City Manager's
recommendation and the proposed change by Councilmember Kerr.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
ORAL CO i UNICATIONS, NON-AGENDA
(97-423) Susan McCormack, Alameda, inquired whether anything had
been done on the Mills Act Agreement, insofar as allowing private
individuals to enter into an Agreement with the City; stated that
the matter was addressed by the City Council and sent to the
Historical Advisory Board; and matter was to be brought back to the
City Council and she was to be notified.
Susan McCormack further explained that the Mills Act Agreement is
an Agreement whereby owners of historical properties can enter into
an agreement with the City; that the purchase price and property
tax value would not change; the matter specifically effects the
McCormack's property; and ratification is necessary prior the
signing of Certificates of Occupancy.
(97-424) Susan McCormack, Alameda, stated that she was informed
six weeks ago by the Planning Department of her appointment to the
Sesquicentennial Committee, however, she never received any
direction.
The City Attorney suggested that a staff report be provided on the
matter.
Susan McCormack stated that she would move forward on forming the
Committee.
(97-425) John Fee, Alameda, commented on the Main Library and
Alameda Theater Project.
(97-426) Don Bergen, Alameda, reported on a robbery he recently
witnessed at the South Shore Shopping Center; he stated that such
crimes occur too frequently and Police Reports are only partial
lists of criminal acts; and requested the City Council to address
the matter.
Regular Meeting
Alameda City Ccuncil
July 15, 1997
4,14
ADJOURNMENT
Mayor Appezzato adjourned the meeting at 11:55 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The Agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
July 15, 1997