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1997-09-02 MinutesSPECIAL MEETING OF THE CITY COUNCIL TUESDAY- -SEPTEMBER 2, 1997- -6:50 P.M. Mayor Appezzato convened the Special Meeting of the City Council at 6:50 p.m. ROL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato - 5. ABSENT: None. The Special Meeting was adjourned to Closed Session to consider: (97-485) Workers' Compensation Claim, Claimant: Gerald Leavitt; Public Employee Performance Evaluation, Title: City Manager; and Conference with Legal Counsel - 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 regarding the Workers' Compensation Claim the City Council gave instructions to the City Attorney; regarding the Employee Evaluation the City Manager obtained a briefing; and regarding Initiation of Litigation the City Council did not authorize initiation of litigation and instruction was given to the City Attorney. There being no further business before the City Council, Mayor Appezzato adjourned the meeting. Respectfully submitted, Diane B. Felsch, CMC City Clerk The public notice for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council September 2, 1997 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUESDAY- - - - - -SEPTEMBER 2, 1997- - - -7:30 P.M. Following a Special Community Improvement Commission Meeting, Mayor Appezzato called the Council Meeting to order at 8:08 p.m. Councilmember Lucas led the Pledge of Allegiance. Roll Call: Present: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (97-486) Certificates of Service to former Board and Commission Members: Rahim Aurang, Social Service Human Relations Board; Charles S. Bridges, Social Service Human Relations Board; Jim Franz, Social Service Human Relations Board; Marie L. Gilmore, Planning Board; Ruth S. Lamb, Housing Commission; David O. Plummer, Historical Advisory Board, Judith A. Pollard, Historical Advisory Board; and Anthony P. Shomon, Public Utilities Board. Mayor Appezzato presented Certificates of Service to Jim Franz, Ruth Lamb, David Plummer, Judith Pollard and Anthony Shomon. CONSENT CALENDAR Mayor Appezzato stated that the Report on Quarterly Sales Tax [paragraph number 97-488], Report on AB 23 [paragraph number 97- 489], and the Report on Offramp Improvements [paragraph number 97- 490] were withdrawn from the Consent Calendar for discussion. Councilmember Kerr moved approval of the remainder of the Consent Calendar. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. [Items so approved are indicated by an asterisk preceding the paragraph numbers.] (*97-487) Minutes of the Regular City Council Meeting held on August 19, 1997. Approved. (97-488) Report from Finance Director transmitting Quarterly Sales Tax Report for Sales Transactions in the First Quarter of 1997. Mayor Appezzato stated the Sales Tax revenue increased by 2.2% and the Quarterly Sales Tax by 13.1%. Regular Meeting Alameda City Council September 2, 1997 Councilmember Lucas moved approval of the report. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (97-489) Report from Chief of Police recommending support of Assembly Bill 23 providing the first generic definition of an Assault Weapon. Don Bergen, Alameda, stated the founding fathers gave citizens the Second Amendment for the purpose of self protection; AB 23 will not deter criminals. Al Chelini, Alameda, former Police Officer, stated that he foresees any action against assault weapons, guns, as an abridgement of the Second Amendment and an erosion of Constitutional rights. James Murphy, Oakland, stated the Second Amendment is clear: the right of the people to bear arms shall not be infringed; arms are an equalizer; Police react after the fact. Hector Reyna, Oakland, stated the right to bear arms should not be taken away; need qualified people in government; Alameda kills businesses; need good laws to keep criminals in jail. Neil P. Sweeney, Alameda, stated the staff recommendation should be considered; a lot of children are accidentally killed by guns. Morton Wellhaven, Alameda, stated that he supports the staff recommendation; the Second Amendment is no longer an issue when addressing assault weapons; he envisions a Country that does not have assault weapons, and a State that does not have handguns. Vice Mayor DeWitt moved Council support of the staff recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-490) Report from Public Works Director recommending award of contract in the amount of $431,900 to Tennyson Electric for I880/23rd Avenue Offramp Improvements, No. P.W. 05-97-10. Mayor Appezzato stated P.W. 05-97-10 was one of the projects that the City staff and Congestion Management Agency were able to save; there have been many complaints regarding 23rd Avenue; and he requested staff to explain what the monies will do to help the City. The Public Works Director stated the project will significantly improve the access point from northbound 1880 to the Park Street Regular Meeting Alameda City Council September 2, 1997 Bridge; two separate signals will be installed and part of the roadway widened; the cost will be shared between a Transportation Systems Management grant, the City of Oakland and CalTrans; the project is more expensive than expected, however, both other agencies are willing to cooperate with funding; the project time will be extended; and staff recommends that Council proceed with Option B [Total cost $341,900; the TSM grant will pay for $227,500; Oakland will pay $63,700 (Phase 1 costs). Caltrans will pay $25,667 (Phase 2 costs). Alameda will pay $115,034 (Phases 1 and 2 costs and Oakland's share of Phase 2). The City will reprogram $115,034 of Measure B funds from CIP 93-03, Maitland Drive Bike Path, and defer that project to a future year. The City's advancement of funds for Oakland's share of Phase 2 of the budget shortfall will be repaid within two years with interest.] Councilmember Lucas moved approval of the recommendation. Councilmember Kerr seconded the motion. Under discussion, Vice Mayor DeWitt stated the Oakland-side Alameda accesses and exits are poor, and that he strongly supports the recommendation. On the call for the question, the motion carried by unanimous voice vote - 5. (*97-491) Report from Public Works Director recommending that the City Manager be authorized to execute an Agreement establishing a Solid Waste Advisory Committee and authorization of the City's withdrawal from the Joint Refuse Rate Review Committee. Accepted. (*97-492) Resolution No. 12922, "Naming Three Streets at Alameda Point and Renaming One Street at California Heritage Bay, Tract 6877." Adopted. (*97-493) Resolution No. 12923, "Approving the Undertaking of Certain Public Improvements on Behalf of the Community Improvement Commission." Adopted. (*97-494) Ratified bills in the amount of $4,629,756.67. REGULAR AGENDA ITEMS (97-495) Resolution No. 12924, "Reappointing Anne E. Cook as a Member of the City Economic Development Commission." (Marine/Waterfront Seat). Adopted. Councilmember Lucas moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council September 2, 1997 C 411 The City Clerk administered the Oath of Office and presented a Certificate of Appointment to Ms. Cook. (97-496) Resolution No. 12925, "Reappointing Pattianne N. Parker as a Member of the City Economic Development Commission." (Community- At-Large). 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 a Certificate of Appointment to Ms. Parker. (97-497) Resolution No. 12926, "Appointing John L. Abrate as a Member of the City Economic Development Commission." (Community- At-Large) Adopted. Councilmember Lucas moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and presented a Certificate of Appointment to Mr. Abrate. (97-498) Status Report from Public Works Director regarding East End Ferry Service and recommending continuation of service. Brian A. Powell, Alameda, stated there is an interest in the East End ferry service; discontinuation of the service would mean another 75 cars at rush hour; and he urged the City Council to fund continuation of service. Margaret Hill, Alameda, stated discontinuance of the ferry service would not only be disruptive but affect the quality of life. Ronald Kahn, Alameda, stated the ferry service enriches the lives of over 200 people per day; the service relieves surface traffic to West End ferry terminal; and a 15% fare increase would be acceptable. Arthur Barbour, Alameda, stated that he supports additional funding for the ferry service; the service means less cars on the road and provides more transportation options; the service also increases property values which translates into property taxes. Tim Hoppen, Executive Vice President of Harbor Bay Isle Associates, Harbor Bay Maritime and Doric Group of Companies, stated the completion and development of the Harbor Bay Isle Project has been Regular Meeting Alameda City Council September 2, 1997 •3 0 diligently pursued; the Project has been their single purpose; HBI has not been immune to the forces of the market place; that he is pleased to inform Council that over 2,800 of the 3,000 homes have been constructed, most schools are in operation, amenities are in place, and over 90% of the infrastructure has been completed; in addition, 1.5 million square feet of the approved 5.5 million square feet has been constructed within the Harbor Bay Business Park; at the outset of the project, they recognized that traffic and traffic mitigating projects would be a way of life; they recognize the need to set up the financial vehicles to fund these projects; they worked long with Alameda and outside agencies to accomplish goals; they have always supported the concept of maritime service linking the East Bay Harbor Bay to the West Bay and San Francisco; out of these collective efforts the Harbor Bay ferry service was created; Harbor Bay and Doric have invested millions of dollars in obtaining entitlement, building the infrastructure, subsidizing the operations, maintaining the vessels, and building a viable service; unlike other services, they have never sought or received funds to subsidize their operating cost; they now find themselves requesting and supporting a subsidy from a fund that was created to serve the needs of the local people--the Traffic Improvement Fund (TIF); TIF was established under the terms of the Development Agreement with the sole purpose of identifying and mitigating access and traffic problems associated with Bay Farm Island and the build out of the Harbor Bay Isle Project; this subsidy will allow the City staff and others to seek more permanent funding from sources such as the Petroleum Violations Escrow Account (PVEA) and the Bridge Tolls--both initiatives underway and making progress; if the subsidy is not approved, the service will be reduced Monday thru Friday, dramatically dropping the ridership, and in turn, will put more people back into their cars and back on the road; and he would like to thank the City staff on their efforts and support to date, and encourage Council to approve the TIF as a source of operating capital for the Harbor Bay East End Ferry Service. Morton Wellhaven, Alameda, stated one of the permanent solutions to ferry service is ridership; that he has been waiting to hear on the radio and television in the mornings that the ferries are running on time; every single commute report on the radio and TV should include that the ferries are running on time, which would fill every ferry in the bay. Tom Jordan, Executive Director of Community of Harbor Bay Isle, stated the Board of Directors continues to be in full support of finding funding for the Harbor Bay Ferry; the community considers the service as a vital importance to the community; the Community of Harbor Bay Isle supports funding of a long-term nature, and supports the funding of an interim nature; the Community of HBI concurs with Mr. Hoppen that use of TIF for this purpose is appropriate. Regular Meeting Alameda City Council September 2, 1997 In response to Mayor Appezzato's inquiry regarding the opening of the security gates, Mr. Jordan stated the process to open the gates was initiated by the Community of HBI (CHBI), CHBI is on record asking for the gates to be opened; and CHBI has been in discussion with Planning and Traffic engineers. Mayor Appezzato stated the Cross Airport Roadway is probably critical to the future success of any ferry system; access to the ferry boat could make it successful or unsuccessful; and the success of the Harbor Bay Business Park may also hinge on the Cross Airport Road and/or the ferry. Ron Basarich, Alameda, stated that he heartily supports the City's position to support the ferry service from Harbor Bay to San Francisco; it is a very essential portion of resolving certain problems with transportation infrastructure; if Council approves City funds, the Council should review the accessibility of parking for all citizens. Mayor Appezzato noted the matter of opening the gates is scheduled for October before the Planning Board. George Cooper, Alameda, stated the West End Ferry for East End residents is not really an option; ferry service is a booming business; the Harbor Bay Ferry is full on the 7:15 and 5:30 runs; the other runs do not get riders to work at normal times; the purpose of the ferry is [to serve] the residents, not commuters. Mayor Appezzato stated, for clarification purposes, that the City does not have money in the General Fund to support ferry services. Vice Mayor DeWitt stated that he is pleased there are set aside monies in the State budget for water transit systems; it appears monies approved at this time will merely be a carryover to the first of the year; and he will support the staff recommendation. Councilmember Kerr stated TIF was set up for the purpose of mitigating traffic impacts of the Harbor Bay Isle development throughout Alameda; TIF funds have been considered a source of funding for the Cross Airport Roadway, and important to both the ferry and Harbor Bay Business Park; the original subsidy, approved by the former Council, was $10,000 per month; the expected subsidy has gone from $10,000 per month to $43,000 per month which is alarming; and the City cannot rely on instant funding on January 1, 1998. At the request of Councilmember Kerr, the Public Works Director clarified that the agreement with Blue and Gold would be a stopgap measure, if the East End ferry ceased providing service; there is a provision in the Blue and Gold Contract stating they would take over one run, each way, everyday, if there was no longer a service Regular Meeting Alameda City Council September 2, 1997 provider; the service provider contract expires at the end of the month; unless they voluntarily put the one run on, there would not be any service. Councilmember Kerr stated the Council should review [the matter], because it may not be the end of subsidy funding requests. Councilmember Daysog stated that he was concerned about timing, because State money will probably not be available on January 1, 1998; the [necessity for] subsidy [funding] could go beyond three months; not all cities can afford two ferry services; that he is willing to try the three-month interim period, however, not going beyond that period of time; the City cannot rely on instant funding on January 1, 1998; and it must be recognized that monies will be taken away from the Cross Airport Roadway Project. Councilmember Kerr stated any motion for money should include a cap [on any additional consideration of subsidy funding]; and that additional subsidy funding would deplete TIF funding for traffic mitigation problems throughout the City. In response to Councilmember Lucas's request for clarification on additional sources of money being available in January, 1998, the Acting City Manager stated the likelihood of Alameda benefitting from [PVEA and Bridge Tolls] funds is good, however, the question whether those funds would be available on January I cannot be answered. The Public Works Director noted that other than ferries funded now by MTC, Alameda will be the first in line for funding. Councilmember Daysog inquired whether, after the three-month period, the ferry service could temporarily go out of business. In response to Councilmember Daysog, the City Attorney stated there is an existing agreement with Harbor Bay Maritime; if no funding was provided, it would be up to Harbor Bay Maritime; Harbor Bay Maritime could choose, for example, to continue operating with its own subsidies; and while Council can establish a cap in intent, Council cannot bind a future Council, for example, from bringing something back and voting on it. In response to Councilmember Kerr's request for clarification, the City Attorney stated the current Council cannot bind itself, however, it can take a public vote and public position. Councilmember Kerr stated that she is worried about funding which goes through the Metropolitan Transportation Commission. The Public Works Director stated there has been a detailed study of ferry needs in the area, and Alameda is the next most likely to Regular Meeting Alameda City Council September 2, 1997 receive subsidy funding--it is on the books and approved; the staff at MTC has been very cooperative with the City for the entire time that ferry service has been provided. Mayor Appezzato stated there are no guarantees, and MTC is the only place the funds will go through. Councilmember Lucas stated she is in favor of taking the funds out of TIF. Mayor Appezzato stated the matter has to come back to the Council; the recommendation is only for three months; if Alameda lost the ferry, he is not sure what message that would send to Sacramento. Councilmember Lucas moved acceptance of the staff recommendation. Vice Mayor DeWitt seconded the motion. Under discussion, Councilmember Kerr stated that she will not support any further subsidy; she is disappointed that Harbor Bay Maritime has not offered any funds to support the ferry service, other than TIF funds which are essentially tax funds; Harbor Bay Maritime is depending upon Blue and Gold to supply one service today, but they themselves are not willing to put any money into the service; the gate is still not down, which makes that ferry service an exclusive party for Harbor Bay Isle residents. 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 called a recess and reconvened the meeting at 9:23 p.m. * * * (97-499) Resolution No. 12927, "Authorizing the Issuance of Special Tax Bonds, and Approving and Authorizing Related Documents and Actions, City of Alameda, Community Facilities District No. 2 (Paragon Gateway)." Adopted. Councilmember Lucas moved adoption of the Resolution. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (97-500) Written Communication from Dion Griffin, President, Harbor Bay Business Park Association, regarding the Cross Airport Roadway Project [Mayor Appezzato]; and Regular Meeting Alameda City Council September 2, 1997 Status Report from Public Works Director regarding the Airport Roadway Project. Ron Basarich, Alameda, stated that he supports the Council moving forward with Alameda's position with respect to the Joint Powers Agreement between City of Oakland, Port of Oakland and City of Alameda; and Council should continue to support the Cross Airport Roadway. Don Roberts, Alameda, stated Council will have to decide next April or May whether the Cross Airport Roadway is a net benefit to Alameda; that he hopes staff, at that time, will present a very thorough piece of documentation indicating how money will be taken from Measure B Funds and Gas Tax Funds and what impact the removal of those funds will have on surface streets in the rest of Alameda. Tom Jordan, Executive Director of the Community of Harbor Bay Isle, stated the Community Board of Directors, on advice of its legal counsel, has yet to take a formal position on the Cross Airport Roadway, in order not to prejudice the net benefit determination that Council needs to take; and the Board encourages the City, after the Port EIR, to move as fast and judiciously as possible through the net benefit determination. Mayor Appezzato stated the letter from Mr. Griffin was sent to numerous parties; the issue has been raised to a great extent throughout the Bay Area; there are more financial impacts that must be addressed before a net benefit determination is made; the citizens of Alameda, when they approved Measure B Funds, approved the Cross Airport Roadway; and it has been said the Roadway would reduce traffic on the main island, benefit businesses, and provide safety factors. Councilmember Lucas moved acceptance of the staff report [Public Works Director's staff report dated August 27, 1997]. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-501) Neil P. Sweeney, Alameda, discussed various public relations and transportation matters. (97-502) John Fee, Alameda, discussed his vision of a redeveloped West End. (97-503) David Plummer, Alameda, stated the Public Works Department should increase the speed limit to 35 mph on Main Street and also synchronize the traffic signals on that thoroughfare, to aid commuters traveling to the West End Ferry. Regular Meeting Alameda City Council September 2, 1997 (97-504) Connie Wendling, Chair, Alameda Golf Commission, stated the Commission thanks the City Council and the previous City Council for the foresight to build the Lucious Bateman Driving Range and the Norma Arnerich Teaching Academy; that Alamedans and golfers from all over the Bay Area are taking advantage of the beautiful facility; and the Commission hopes the proposed new Club House and Restaurant project can be completed. Mayor Appezzato stated that he read in the Business Times the Chuck Corica Golf Course is the busiest golf course of the 25 courses ranked. COUNCIL COMMUNICATIONS (Communications from Council) (97-505) Consideration of Mayor's nomination for appointment to the Golf Commission. Mayor Appezzato nominated Fred W. Leitz for reappointment to the Golf Commission. (97-506) Mayor Appezzato announced that in 1985, the Planning Board and City Council required developers of Heritage Housing to reserve six homes for first-time home buyers; initial first-time home buyers were chosen by lottery; recently a drawing was held and another lucky family became first-time homeowners because of price restrictions; and he commended the Community Development Department. (97-507) Mayor Appezzato suggested staff request, through the Adult School, the Community Band to schedule a concert in each City park next summer; and if that is not possible, perhaps the Band could perform in each section of the City: Bay Farm Island, the West and East Ends, and Central Alameda. (97-508) Mayor Appezzato stated the City of San Leandro has an earthquake survival pamphlet; residents of Alameda should be provided with a similar pamphlet; and that he suggests staff inquire whether San Leandro would allow Alameda to reprint it and replace the cover with an Alameda cover. (97-509) Councilmember Daysog stated citizens must be confident in the people working in City Hall, especially elected officers as himself; a personally troubling point regarding his education has been raised; in regard to his educational attainment, he is one class short of receiving his Masters Degree from the University of California, Berkeley, Department of City and Regional Planning; this fall, he will be attending UC Berkeley to complete the one course; that in his haste to participate in Alameda upon graduation in 1994, he failed to set aside the time to complete the one course; to the degree that he has made mistakes, they have been errors of implementation, and never of intent, and for that he Regular Meeting Alameda City Council September 2, 1997 apologizes; while attending Berkeley, he will continue to work in San Francisco and continue to serve on the Council; the ultimate judge of the matter is the people of Alameda; judgment will not come someday in a distant November, it is to be expected and accepted every day; and that he is thankful to share what talents and energy he can command toward working with the citizens to renew Alameda. (97-510) Councilmember Kerr stated it would be a good idea to invite all former members of the City Council to the re-dedication of City Hall on September 21, 1997, and have a group picture on the steps with present and past Councilmembers. (97-511) Councilmember Kerr stated that she appreciated the earlier comments on the ferry service; e.g., to include Alameda ferry service in the daily traffic reports, and the need to synchronize traffic signals on Main Street. (97-512) Councilmember Kerr stated the three-minute-limit buzzer for public speakers in the Council Chambers should be restored. ADJOURNMENT (97-512A) Mayor Appezzato adjourned the meeting at 10:10 p.m. in memory and honor of Princess Diana of Wales, who tragically died in an automobile accident in Paris, France. Respectfully submitted, Diane B. Fe sch, MC City Clerk The agenda for this meeting was posted in accordance with the requirements of the Brown Act. Regular Meeting Alameda City Council September 2, 1997