1997-10-07 MinutesSPECIAL MEETING OF THE CITY COUNCIL
TUESDAY- -OCTOBER 7, 1997- -6:55 P.M.
Mayor Appezzato convened the Special Meeting of the City Council at
7:05 p.m.
ROLL 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:
(97-541) Conference with Legal Counsel - Initiation of Litigation
pursuant to subdivision (c) of Section 54956.9, Number of
Cases: One; and
Conference with Legal Counsel - Existing Litigation, Name
of Case: Alameda Unified School District of Alameda
County v. the City of Alameda, and the Bureau of
Electricity.
Following the Closed Session, the Special Meeting was reconvened
and the Mayor announced that regarding the Initiation of Litigation
the City Council gave instruction to the City Attorney; and
regarding Existing Litigation, the City Council gave instruction to
the City Attorney.
There being no further business before the City Council, Mayor
Appezzato adjourned the meeting at 7:35 p.m.
Respectfully submitted,
ane B. Felsch, CMC
City Clerk
The public notice for this meeting was posted in accordance with
the Brown Act.
Special Meeting
Alameda City Council
October 7, 1997
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - - OCTOBER 7, 1997 - - - 7:30 P.M.
Following a Special Community Improvement Commission Meeting, Mayor
Appezzato called the Council Meeting to order at 9:05 p.m.
Councilmember Kerr led the Pledge of Allegiance
Roll Call: Present: Councilmembers Daysog, DeWitt, Kerr,
Lucas and Mayor Appezzato - 5.
Absent: None.
CONSENT CALENDAR
Mayor Appezzato announced that the parcel map waiver [paragraph
number 97-549] would be held over and certain items were withdrawn
from the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5. [Items so approved are indicated by an asterisk
preceding the paragraph number.]
(*97-542) Minutes of the Special and Regular City Council Meetings
held on September 16, 1997, and the Special City Council Meeting
held on September 21, 1997. Approved.
(97-543) Report from Public Works Director recommending approval
of a Ground Lease Estoppel and modification to the 1984 amended and
restated Lease between the City of Alameda and Encinal Industries,
Inc., relating to Parcel Number 20.
Councilmember Kerr stated that she pulled the item from the Consent
Calendar because she will abstain from discussing and voting on the
matter; Councilmember Kerr left the Council Chamber.
Councilmember Lucas moved approval of the recommendation.
Councilmember Daysog seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas,
and Mayor Appezzato - 4. Noes: None - 0. Abstentions:
Councilmember Kerr - 1.
Minutes Regular Meeting
Alameda City Council
October 7, 1997
(97-544) Report from Finance Director transmitting Year End
Financial Report for the 1996-97 Fiscal Year.
Mayor Appezzato stated that he pulled the item from the Consent
Calendar so that he could compliment the City; at year-end, there
was a balance of $1.8 Million and $3 Million in cash liquid
reserves, Sales Tax receipts were up 1.2%, license permits
increased 18%, and $8 Million was in General Fund reserves, of
which $3 Million was liquid; it was a good year, the City saved
$900,000.
Councilmember Lucas moved approval of the report.
Councilmember Daysog seconded the motion.
Under discussion, Vice Mayor DeWitt stated there was a decrease in
funds received; transfers were not as large as in previous years,
e.g. transfer from Bureau of Electricity.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(*97-545) Report from Public Works Director recommending acceptance
of work by Redgwick Construction for Tilden Way Street
Improvements, No. P.W. 07-96-11. Accepted.
(*97-546) Report from Public Works Director recommending award of
contract in'the amount of $94,000 to Bay Hawk, Inc. for Godfrey
Park Playground Improvements Project, No. P.W. 07-97-14 and
requesting transfer of Measure AA Funds in the amount of $40,000
from CIP# 90-36 to CIP# 90-05. Accepted.
(97-547) Report from Public Works Director recommending
authorization to implement and administer a Low Income Discount
Program for Residential Recycling and allocation of $10,000 per
year to fund the program.
Don Bergen, Alameda, stated City giveaways should be stopped.
Councilmember Lucas moved acceptance of the report and
recommendation.
Councilmember Daysog seconded the motion which carried by unanimous
voice vote - 5.
(97-548) Resolution No. 12934, "Thanking Ferry Service Providers
for Expanded Service During BART Strike." Adopted.
Mayor Appezzato presented gift baskets to the following ferry
service providers in appreciation for their services during the
BART Strike: Captain Paul Bishop, Harbor Bay Maritime; Executive
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Alameda City Council
October 7, 1997
Director Ronald Duckhorn, Blue and Gold Fleet; and Ernest Sanchez,
Sanchez Communications.
The ferry service providers expressed their appreciation.
Mayor Appezzato stated a Task Force was developing which will
encompass the Bay Area, and he will be appointed to it; the Task
Force will study high-speed ferries in the entire Bay Area.
Councilmember Kerr stated that she commended everyone, in
particular Blue & Gold; she has enjoyed Blue & Gold's extended
service since the BART Strike; she also wanted to commend staff.
Councilmember Kerr moved adoption of the Resolution.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
(97-549) Report from Planning Director recommending approval of a
Parcel Map Waiver for division of a City-owned parcel and the
filing of a Parcel Map for the Brownian Development Company Project
located along Atlantic Avenue between Webster Street and
Constitution Way. Applicant: City of Alameda Community Improvement
Commission;
Resolution Approving a Waiver of Subdivision Map Act Requirements
to Separate Out the Atlantic Avenue Public Right-of-Way from a
City-Owned Parcel along Atlantic Avenue between Webster Street and
Constitution Way;
Resolution Approving the Filing of Parcel Map 7205. Held Over.
(97-550) Introduction of Ordinance Amending the Alameda Municipal
Code by Adding Terms (Single-Family Dwelling; Solid Waste Service
Exception) to Article I (Definitions) Chapter XXI (Solid Waste and
Recycling), and Replacing the Text of Subsection 21-2.8 (Solid
Waste Collection Required) in Section 21-2 (Collection and Removal)
of Article II (Solid Waste), Chapter XXI (Solid Waste and
Recycling). Introduced.
Angus MacDonald, Alameda, stated citizens should be encouraged to
reduce household waste to zero.
Mayor Appezzato stated staff will continue to review the matter,
and maybe go to one [collection] per month, if appropriate.
Councilmember Lucas moved introduction of the Ordinance.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr inquired whether Waste
Minutes Regular Meeting
Alameda City Council
October 7, 1997
Management would charge for keeping track of whose waste will be
picked up every other week, rather than every week.
The Public Works Director stated it would be handled by existing
City staff; the City expected only about 300 residents to take
advantage; and staff will monitor the program to determine whether
it would be expanded.
Councilmember Kerr inquired whether Waste Management would raise
their prices because of extra bookkeeping requirements.
The Public Works Director stated Waste Management did not indicate
they would do so; a proposal would be coming before the City
Council within the next few months, it is a very small rate
increase, and there has not been an increase in about two years.
The City Manager stated staff would follow up and specifically ask
Waste Management that question.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(97-551) Introduction of Ordinance Amending the Alameda Municipal
Code by Adding Subsection 21-15.4 (Collection of Recyclable
Materials) to Section 21-15 (Residential and Nonresidential
Recycling) of Article III (Recycling), Chapter XXI (Solid Waste and
Recycling), and Amending Subsection 21-2.3 (Collection of Solid
Waste and Source Separated Recyclable and Organic Recyclable
Material) of Article II (Solid Waste), Chapter XXI (Solid Waste and
Recycling). Introduced.
Don Roberts, Alameda, stated it is improper for Alameda Recycling
to demand residents to provide cancelled checks, license numbers of
gardeners and photographs of properties; all that should be
required is a simple certification; that he has a problem with the
ordinance making the green waste program mandatory; some people
state that they will not pay for the green waste program, they have
been unable to get an exemption, and they virtually have no green
waste; people who do not fill up a container in 3 or 6 months
should only have to pay for that pickup; they should not have to
pay for bi-weekly pickups; that he is upset with the provision in
the ordinance that it will become a criminal offense for someone
not to pay their recycling bill; and the language in the ordinance
[Section 21-15.4 d.1 and d.2] concerning persons who prove to the
City Manager that they are entitled to an exemption should read ".
. .shall be exempt."
The Mayor requested the City Manager to look at the number of
requirements necessary for citizens to demonstrate an exemption
from the Program, and to assess whether requirements are excessive.
Minutes Regular Meeting
Alameda City Council
October 7, 1997
The City Manager stated staff would review the matter and report
back at the next Council Meeting.
The Mayor requested the City Attorney to assess whether there
should be a civil collection process.
The City Attorney stated Council could consider: 1) not issuing
infractions, 2) providing staff criteria, 3) authorizing only a
civil remedy, 4) waiting [to determine how well the program works],
or 4) establishing an infraction when there is non-payment; for
example, after six months.
The Mayor stated that he would probably ask the Council to have the
City Manager look at the requirements, including certification; if
it is found there is abuse, the City could take additional action;
and that he would also ask to wait and see if people pay their
bills before the process goes beyond civil action.
Don Bergen, Alameda, stated until anti-theft recycling law is
enforced, he will not recycle.
Angus MacDonald, Alameda, stated the Alameda Recycling Company is
rude because they did not accept his word that he has a compost
heap.
Councilmember Kerr stated that she has some unease about the green
waste program in general; some people have lots of green waste in
big yards and some people have almost none; that she applied for an
exemption and received a form which required photos and permission
to inspect her compost bin; the whole process is too complicated;
Alameda Recycling should have a process for spot checking, instead
of looking at every compost heap in town; and the whole green waste
program has gotten out of hand.
The Mayor stated that he requested the City Manager to review the
matter and to report back with something reasonable, including
whether a civil penalty could be considered before criminal
penalties.
Councilmember Lucas stated perhaps certification should be
considered, although certification would be under penalty of
perjury, and Alameda Recycling should come up with a certification
form.
Mayor Appezzato stated perhaps there should be an attempt to create
a program without so many intense pressures, and he questioned
Council as to what should be done regarding criminal penalties.
Councilmember Lucas stated any amendments should be considered at
the time of Final Passage of the Ordinance; regarding the matter of
infractions and criminal penalties, staff should be provided with
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Alameda City Council
October 7, 1997
provisions for penalties, and should seek authorization from the
Council before any criminal proceedings are initiated.
The City Attorney commented the Ordinance could state that any
violation of provisions shall be an infraction pursuant to Section
1.5.1 of the Alameda Municipal Code upon authorization, and no
person shall be cited without prior authorization of the City
Council.
Mayor Appezzato clarified there would be no criminal proceedings
without further action, and the City Attorney should address the
matter of certification procedures before Final Passage of the
Ordinance.
The City Attorney responded in the affirmative.
Councilmember Lucas moved introduction of the Ordinance.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Kerr requested the motion be
amended to include the matter of certification.
Councilmembers Lucas and Daysog agreed to said amendment.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(*97-552) Ratified bills in the amount of $4,537,864.66.
REGULAR AGENDA ITEMS
(97-553) Resolution No. 12935, "Appointing Gary W. Bard 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.
Bard with a Certificate of Appointment.
(97-554) Report from Planning Director regarding Bay Area Air
Quality Management District Permit and Hearing Process for the
Integrated Environmental Systems Incinerator located at 499 High
Street, Oakland. [Councilmember Daysog]
The following speakers spoke in favor of Integrated Environmental
Systems Incinerator:
Minutes Regular Meeting
Alameda City Council
October 7, 1997
Jack McGurk, California Department of Health Services
Robert Reed, Integrated Environmental Systems
Jennifer Hernandez, Integrated Environmental Systems
Joseph Tessitore, Integrated Environmental Systems
Sam Major, Alameda
John Barnard, Integrated Environmental Systems
Drake Jackson, Integrated Environmental Systems
Rich Dubiel, Integrated Environmental Systems
Dean Paxton, Alameda
Bill Garvine, Alameda
The following speakers spoke in opposition to the incinerator:
Bradley Angel, Greenpeace USA
Glenn Barker, California League of Environmental Voters
Greg Karras, Communities for a Better Environment
Harald Carroll, Oakland
LaVerne Carroll, Oakland
Sam DeFranco, Alameda
Michael Green, Center for Environmental Health
Angus MacDonald, Alameda
Jocelyn Whidden, Women's Cancer Resource Center
Brian Linde, Physicians for Social Responsibility
Karleen Lloyd, People United for a Better Oakland
Azibuike Akaba, Communities for a Better Environment
Following public discussion, Councilmember Daysog stated there
should be a Town Hall Meeting on the issue which the City of
Oakland Council should attend.
Mayor Appezzato suggested Edison School as a possible site for the
meeting.
Councilmember Lucas stated the City does not the have staff to
address said matter, the issue requires a fair legal process, and
the City would be relying upon regional agencies.
Councilmember Kerr stated City Council should address municipal
affairs, and not the matter before them.
Vice Mayor DeWitt stated that he did not mind the idea of a holding
a public forum, however, Council would not be of much value.
Mayor Appezzato stated Councilmember Daysog would have the right to
call a public meeting to further address the matter; Council was,
in fact, holding a public hearing on the issue [tonight], and if
there is a public forum, he will attend.
Councilmember Daysog moved acceptance of the report.
Councilmember Lucas seconded the motion, which carried by unanimous
Minutes Regular Meeting
Alameda City Council
October 7, 1997
voice vote - 5.
(97-555) Ordinance No. 2742, "Reclassifying and Rezoning Certain
Properties within the City of Alameda by Amending Zoning Ordinance
No. 1277, N.S., for that Property Located at 2020 Sherman Street."
[Wind River Project] Finally passed.
Councilmember Lucas moved final passage.
Councilmember Daysog seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Daysog, DeWitt, Lucas,
and Mayor Appezzato - 4. Noes: None - 0. Abstentions:
Councilmember Kerr - 1.
(97-556) Written Communication from Kenneth Gutleben, Alameda,
regarding the safety of homes in Alameda. [Councilmember Lucas]
Kenneth Gutleben, Alameda, stated that the City needs a salt water
fire hydrant system, the gas lighting systems should be
disconnected to old Victorians, dry rot needs to be removed, brick
foundations need to be replaced, mudsills need to be bolted, and
shear walls installed; that a 1% Improvement Tax is charged to the
homeowner if the work exceeds $5,000, the average cost for the
foundation is $15,000, and the City charges the tax yet does not
provide adequate service in return.
Mr. Gutleben stated Alameda's handbook on preparedness is not
adequate; the City of San Leandro provides educational workshops
and streamline packets; and that he recommends the following
measures be taken: the removal of the Improvement Tax for all
repair work to make a home safe during an earthquake; the creation
of a program which would create earthquake safety in Alameda,
including: a study of the issues surrounding seismic retrofit work
of homes, the seismic retrofit of the fire hydrant system,
consultations for individual retrofit plans for specific homes,
free public workshops, free loans of tools, a detailed booklet on
residential seismic retrofit work, and seminars for contractors for
certification purposes and to allow the City to recommend those
contractors to perform the retrofit work.
Mayor Appezzato requested Mr. Gutleben to meet with the Public
Works Director.
Councilmember Lucas stated all of the points raised by Mr. Gutleben
should be addressed, including educational programs and the removal
of the Improvement Tax.
The City Manager stated staff will work with Mr. Gutleben and
report back to the City Council.
Councilmember Kerr requested a cost estimate, off agenda, for a
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Alameda City Council
October 7, 1997
salt water fire system.
The City Manager noted that he would be requesting answers to the
following questions: 1) how would the City respond if it lost
pressure in its portable water supply? 2) how would the City
access salt water? and 3) why a salt water fire system has not been
considered in the past?
Councilmember Kerr stated that her inclination is to get rid of the
Improvement Tax on seismic work, and staff should provide
information on what would be lost if the Tax was eliminated for
said purpose; and that property assessment is a different issue
than the 1% Improvement Tax.
Councilmember Lucas stated staff should copy Mr. Gutleben on
reports Council receives on the issue.
The City Manager stated staff will work with Mr. Gutleben, in terms
of incorporating some of the ideas into a program and on the cost
to launch such a program.
Mayor Appezzato stated Captain Frank Johnston of the Maritime
Administration stated there are thirteen ships located here; each
ship can feed 4,000 people, pump salt water onto fires, and be
available in case of an emergency; that the Assistant City Manager
will be working on how the Maritime Administration can be
incorporated into a natural disaster.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
(97-557) Don Bergen, Alameda, stated NTBE, a gasoline additive,
causes many health hazards, and Senator Mountjoy is requesting
letters to be sent to the Governor supporting SB 521.
(97-558) Don Roberts, Alameda, stated Captain Johnston of the
Maritime Administration stated thirteen ships berthed here would be
able to support the entire population of Alameda--on board--in the
event of a disaster.
(97-559) Don Roberts, Alameda, stated it was a waste of time to
agendize the Oakland matter [incinerator located on High Street in
Oakland].
(97-560) Don Roberts, Alameda, stated he received an anonymous
call from a woman who stated there had been a domestic abuse
conference held in Berkeley, and she wanted to know whether the
City of Alameda participated, and if not, why; and he [Roberts] was
relaying the question to the City Manager.
Mayor Appezzato stated the City Manager could send a response.
Minutes Regular Meeting
Alameda City Council
October 7, 1997
COUNCIL COMMUNICATIONS (Communications from Council)
(97-561) Mayor Appezzato stated that he received a letter from
Senator Barbara Lee; Lee was pleased to advise the City that
legislation included the allocation from the Petroleum Violations
Escrow Account for energy conservation projects, including $215,000
for the ferry service; the Assembly Bill by Bardosa gives local
officials up to seven years to gradually bring the buildings of
former military bases into compliance with modern building codes,
of which the former Alameda Naval Base is included; and the Bureau
of Electricity was saved over $300,000 in potential loss income, by
amending SB 30 [Kopp].
(97-562) Councilmember Lucas requested a staff report on local
enforcement regarding cars and motorcycles parked in front yards.
(97-563) Councilmember Daysog stated that he was in the process
of creating a home page for himself, and he would like to receive
direction on the use of the City Seal.
(97-564) Vice Mayor DeWitt announced that October 10, 11 and 12,
1997 is Fleet Week.
ADJOURNMENT
Mayor Appezzato adjourned the meeting at 11:25 p.m.
Respectfully Submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Minutes Regular Meeting
Alameda City Council
October 7, 1997