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1997-12-02 MinutesMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUESDAY- -DECEMBER 2, 1997- -7:05 P.M. Mayor Appezzato convened the Special meeting to order at 7:05 p.m. ROLL CALL: PRESENT: Councilmembers Daysog, DeWitt, Kerr, Lucas, and Mayor Appezzato - 5. [Note: Councilmember Daysog arrived at 7:30 p.m.] ABSENT: None. Mayor Appezzato adjourned the meeting to Closed Session to address the following: (97-649) Conference with Legal Counsel-Anticipated Litigation; Initiation of Litigation pursuant to subdivision (c) of Section 54956.9; Number of Cases: One. Following the Closed Session, Mayor Appezzato announced instructions were given to the City Attorney. There being no further business before the Council, Mayor Appezzato adjourned the Special Meeting. Respectfully submitted, Diane B. Felsch, CMC City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Ccuncil December 2, 1997 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - DECEMBER 2, 1997- -7:_15 P.M. Mayor Appezzato convened the Regular Council Meeting at 7:37 p.m. Councilmember Lucas led the Pledge of Allegiance. Father Jeffrey Keyes, St. Barnabas Church gave the invocation. Roll Call - Present: Councilmembers Daysog, DeWitt, Kerr, Lucas and Mayor Appezzato - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (97 -650) Proclamation declaring the week of December 7, 1997 as "Up With People Week ". [Mayor Appezzato] Mayor Appezzato read the Proclamation and presented same to members of the Advance Team for Up With People and to Judy Blank, Sponsor. CONSENT CALENDAR Mayor Appezzato announced that certain items were removed from the Consent Calendar for discussion. Councilmember Lucas moved the remainder of the Consent Calendar. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. ( *97 -651) Minutes of the Special and Regular City Council Meetings held on November 18, 1997. Approved. [Councilmember Lucas abstained; she was not present at the November 18, 1997 Council Meeting.] (97 -652) Report from City Manager recommending continued opposition to Deannexation of Vista College from the Peralta Community College District. [Mayor Appezzato] Norbert S. Bischof, Berkeley, representative of the Peralta District Academic Senate, stated the faculty was opposed to deannexation. Helene Maxwell, Peralta Federation of Teachers, stated deannexation would fragment Peralta and create a new financially insolvent district. Minutes Regular Meeting Alameda City Council December 2, 1997 371 Ralph Marinaro, College of Alameda Faculty, stated Vista College's attempt to withdraw from the college system is an attempt to eclipse Alameda from having a voice in the matter. Laverne Stewart, Oakland, Peralta Chapter, President of Local 790 Chapter, Classified Employees, stated the classified employees of Peralta were against deannexation; it would harm Peralta as a whole. Gerhard W. Degemann, Alameda, stated that he supports the City Manager's recommendation to continue to oppose deannexation. Amey Stone, Alameda's Trustee to Peralta School District, stated Vista College has wanted a building of their own; the State will not give Peralta one dollar to erect a building for Vista College; by State standards, Peralta is already overbuilt for the student base served; that she proposed the District go to the people and ask approval for $15 Million for a permanent site for Vista College located within the Peralta Community College District; proposal passed by 87%, however, Board hopes litigation will preclude matter going to the voters. Mayor Appezzato stated that he hoped the Resolution, adopted by Council in 1996 opposing deannexation, would be sent again to the County Superintendent of Schools, Senator Lee and Assemblyman Perata, with a letter stating if the matter did go to a vote, Alameda citizens would participate in that vote. Councilmember Kerr stated Vista College is crowded and making do with less; the College performs a great service to the whole District; and she inquired whether there was a hopeful outlook for Vista. Trustee Stone responded absolutely; Vista is held in high regard and with the utmost respect within Peralta; a great deal of resources within the last few years have been going into the College; Vista will get a building of their own; there is $15 Million in which to do that; the public approved it; every effort was being made in securing land, etc.; the Board had on its last agenda a proposal to buy the property from which to erect a building, which has come to an absolute stop; the $15 Million was approved by six cities: Alameda, Oakland, Piedmont, Emeryville, Albany and Berkeley; with the cloud of deannexation, they cannot move forward with the purchase of property and the erection of a building; the issue of deannexation must first be adjudicated; however, there is $15 Million from which to build a permanent site for Vista College in Berkeley. Councilmember Daysog stated the City has much at stake regarding Vista College and the Peralta Community College District, in general; the Peralta District has $25.2 Million in outstanding Minutes Regular Meeting Alameda City Council December 2, 1997 debt; of that $25.2 Million, 14% is applicable to citizens in Alameda; Alamedans are paying with their taxes $3.5 Million toward that debt, which is a disproportionate share; that he is concerned about Vista College's action, because taxpayers' dollars help pay for that College. Councilmember Lucas moved approval of the City Manager's recommendation, [and direction that the 1996 Resolution be transmitted to the County Superintendent of Schools, Senator Barbara Lee and Assemblyman Perata, with a letter stating if the matter is voted on, Alameda citizens should participate in the vote]. Councilmember Kerr seconded the motion. Under discussion, Mayor Appezzato stated if Vista was deannexed, severe financial hardship would occur; deannexation would be detrimental to the District and the College of Alameda; and he clarified that the motion is to send the 1996 Resolution to the [County] Superintendent of Schools, Senator Barbara Lee and Assemblyman Perata, with a letter, signed by the Mayor, stating citizens of Alameda should participate in the vote, if said matter is voted on. On the call for the question, the motion carried by unanimous vote 5 (97-653) Report from Finance Director transmitting the City of Alameda Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 1997. Councilmember Kerr noted that she pulled the report from the Consent Calendar for discussion; stated staff well expressed some of the problems facing the City in the Financial Report; e.g., the loss of 16,000 jobs due to base closure which equates to $345 Million in payroll and a reduction in regional income of $729 Million; in Alameda alone, there is a loss of $24 Million in procurement; the City is surviving an economic blow of a huge magnitude; another financial disaster discussed in the report is the affects of Proposition 13: the limit on tax increases on properties which do not change ownership, and the transfer of control of property taxes to Sacramento; the State started to balance the State budget on the backs of California cities during the hard years when State sales tax and income taxes went down; the final insult was this year when the State revenues were back up, instead of returning the property taxes to the cities, they cut the State income tax; since the passage of Prop. 13, other propositions have been passed to protect the property taxes for schools, but the cities remain in deep trouble; in the 1996-97 share of the permanent revenue shift from local governments and special districts to schools, part of the State's budget balancing measures Minutes Regular Meeting Alameda City Council December 2, 1997 37 3 for ERAP [Educational Revenue Augmentation Fund], amounted to $2.9 Million; Prop. 218 has limited the ability to replace this money, which is not necessarily unreasonable; and that she urges voters to lobby State representatives to restore property taxes to the cities; the School District is having a lobbying session with Assemblyman Don Perata to increase the Schools' share of property taxes; and the City should be doing the same thing: hold lobbying sessions with State representatives to express dissatisfaction with wholesale taking of property taxes. Mayor Appezzato stated prudent reserves have been established where appropriate; citizens should look at the Comprehensive Annual Financial Report; General Fund revenues including operating transfers total $43 Million, an increase of 6% over 1996; taxable sales increased by 22.47% in 1996; there was a $200,000 increase in taxable revenues in Harbor Bay; we should be very alert to generating increased business revenues at the Naval Air Station, FISC property, and at Harbor Bay; the City is doing a good job attracting companies like Wind River Systems and Ascend; and it is important to continue to do so. Councilmember Daysog stated total City expenditures for 1997 was $37,733,433 versus 1996 expenditures of $36,768,371; there is a growth in spending clearly under inflation; Alameda is holding down public spending. Councilmember Daysog moved to accept the report. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (*97-654) Report from Community Development Director recommending acceptance of Marketing Plan, "Preliminary Recommendation in Support of Business Attraction and Retention", and approval of Phase II contract with Aviso, Inc. for Marketing Services. Accepted. (97-655) Report from Community Development Director recommending establishment of an Ad Hoc Home-Ownership Committee. Mayor Appezzato stated that Councilmember Daysog's nominees for appointment to the Committee were overlooked, and requested Councilmember Daysog to name the individuals. Councilmember Daysog stated that he nominated Greg Boller, President, Alameda Democrats Club; and Kimberly Garfinkle, outgoing President of the Alameda Democrats Club. Mayor Appezzato stated that the time Committee Members spend away from their families serving on behalf of the community is appreciated; the committee should be allowed to add to its Minutes Regular Meeting Alameda City Council December 2, 1997 314 membership and accept resignations with a majority vote; and that he welcomed Councilmember Daysog's nominees. Councilmember Lucas stated Ms. Monetha Hatcher, who approached her years ago on the issue, would be serving the Committee. Mayor Appezzato noted Monetha Hatcher had been nominated by Vice Mayor DeWitt and the following individuals would serve on the Committee: Mark Hanna, former Councilmember; Linda Larkin, former Planning Board Member; Linda Soulages, Ginger Schuler, Mark Wommack, Alice Wheless, Mark Chandler, Monetha Hatcher, Greg Boller, Kimberly Garfinkle, two members from the Board of Realtors, a Planning Board Member, a member of the Economic Development Commission, and a Member of the Social Service Human Relations Boards; and stated that he would not be adverse to a member of the Housing Authority also serving should the Committee desire. Councilmember Kerr noted that the Committee would be staffed by the new Housing Manager from the Community Development Department. Councilmember Lucas moved acceptance of the staff recommendation and approval of the Mayor's comment that the by-laws should be amended to permit the appointment of additional members by the Committee. Councilmember Daysog seconded the motion. Under discussion, Vice Mayor DeWitt stated that he was very enthusiastic about the Committee, and hopeful the Committee would help the American dream come true by providing more homeownership. Councilmember Kerr stated that she also views the program, which she advocated for a long time, as something similar to what the GI Bill did for the neighborhood in which she lives; that she views this [homeownership] program as being a modern-day way for people of all different kinds to get into homeownership; in general, the silent seconds would be an obligation of the homeowner, they are not going to be gifts; it is a great way for people to get into homeownership, just the way it was after the second World War; and Carol Beaver of the Community Development Department has been speaking with the Human Resource chairs and directors from various large corporations moving into Alameda, which should provide information on the housing needs. Mayor Appezzato stated that he wanted to thank the previous Council which initiated the homeownership program. On the call for the question, the motion carried by unanimous voice vote - 5. (*97-656) Report from Public Works Director recommending acceptance Minutes Regular Meeting Alameda City Council December 2, 1997 375 of work by Ransome Company for the Repair and Resurfacing of Certain Streets, Phase 18, No. P.W. 04-97-08. Accepted. (*97-657) Report from Public Works Director recommending award of contract in the amount of $155,036.00 to Vanguard Construction and allocation of $51,000 additional Gas Tax Certificate of Participation Funds for Webster Street/Eighth Street Signal Retiming and Street Improvement Project, No. P.W. 07-97-16. Accepted. (*97-658) Report from Public Works Director recommending award of Recycled Product Purchase Grants for Fiscal Year 1997-98 to Five Alameda Organizations. Accepted. (*97-659) Report from Public Works Director recommending award of Recycling and Waste Reduction Grant for Fiscal Year 1997-98 to Alameda Children's Musical Theatre. Accepted. (97-660) Resolution No. 12943, "Allocating Additional Funds and Authorizing the Public Works Director to Negotiate in the Open Market, Pursuant to Section 3-15 of the City Charter, for the Bay Farm Island Dike Emergency Repair Project." Adopted. Gerhard Degemann, Alameda, stated the Harbor Bay Homeowners Association turned over $325,000 to the City for the maintenance and repair of the dikes, and questioned why additional funding was necessary. The Public Works Director stated that the Harbor Bay Homeowners Association provided approximately $600,000 to the City, which was a final assessment following closure of the Reclamation District; some of those funds were placed into a Capital Improvement Project, however, not enough for the $100,0000 in repairs. Bruce Draper, Director of Security for the Community of Harbor Bay Isle, read a short statement on behalf of the Community of HBI, which stated support for any and all action designed to move forward with repairs to the dike, and support for the City's staff recommendation to enter into a negotiable contract. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (*97-661) Introduction of Ordinance Approving and Authorizing the Execution of Lease Agreement Between Bay Area Cellular Telephone Company, doing business as Cellular One, as Lessee, and the City of Alameda, as Lessor, for the Installation of Microcell Sites within City Limits. Introduced. Minutes Regular Meeting Alameda City Council December 2, 1997 3116 (*97-662) Ratified bills in the amount of 1,732,672.84. • (97-663) Resolution No. 12944, "Declaring Alameda a Hate-Free City." Adopted. Councilmember Lucas thanked the Social Service Human Relations Board for bringing the matter to Council's attention; she stated that she agrees Alameda needs to be a hate-free City; there has been some intolerance or inflammatory rhetoric in the recent past; hate has no place in Alameda; and Councilmember Lucas moved adoption of the Resolution. Councilmember Daysog seconded the motion. Under discussion, Mayor Appezzato stated Council needs to stand and restate it will not tolerate hate, in any manner whatsoever, in the community. On the call for the question, the motion carried by unanimous voice vote - 5. (97-664) Report from Public Works Director recommending authorization of Amendment No. 1 to the Measure B Funding Agreement by and between Port of Oakland, City of Alameda, City of Oakland and the Alameda County Transportation Authority (ACTA) and Amendment No. 1 to the Local Match Funding Agreement by and between the City of Alameda and ACTA for the Airport Roadway Project. Following persons spoke in favor of the staff recommendation: Jonathan Bond, Intrepid Systems, Inc. Rick Cassidy, Ascend Corporation Mike Dunlap, Alameda Bryan Goldschlag, Alameda Steve Brimhall, Doric Development Corporation Christopher Richard, Alameda Bill Garvine, Alameda Chamber of Commerce Sue Day, CA Alliance for Jobs, Oakland Amey Stone, Alameda. Following persons spoke against the staff recommendation: Steven Gerstle, Alameda Irene Dieter, Alameda Adam de Boor, Alameda business address Dave Plummer, Alameda. Councilmember Lucas stated that she has been voting for the project since 1986, as have the majority of the voters; increased access is Minutes Regular Meeting Alameda City Council December 2, 1997 377 needed; a 66th Avenue tunnel is too far away in the future; and she moved approval of staff recommendation. Councilmember Kerr stated the action being taken by Council tonight is not the final story on the issue: a net benefit determination must be approved; the timing of the project is extremely difficult; the new EIR just came out today; if things were done in an orderly fashion, Council would have had the opportunity to review [EIR] and a make a net benefit determination before voting on funding; however, there is a deadline at the end of the month and some money has to be put into the pot, otherwise the whole thing will die completely; Council must make this decision without having gone through the revised EIR; that she voted for Measure B back in the days when the Metropolitan Oakland Airport was a relatively minor airport; it was projected to meet the needs as they grew; according to the Airport Expansion Plans, they are actively marketing and trying to get business from other airports; the new airport expansion is an incredible increase over what exists now; there is a question whether there will be a lot of traffic flowing from the Airport through the East End of Alameda; the first EIR did not answer that question completely; and that she will be supporting the motion solely on the basis of beating the deadline at the end of this month and [is] not committing to any final vote until the EIR is received and also had the opportunity to vote on the net benefit assessment. Vice Mayor DeWitt stated the Roadway would allow for the East End Ferry service to continue and also provide improvements in the quality of life for all citizens; that property taxes do not pay for the amount of public services received; the great majority of money that keeps the City going comes from business taxes; the City must increase its business stock; the Project was originally designed to take traffic away from Fernside Blvd, High Street and Otis Drive; there are ways to control traffic; Doolittle Drive is a safety concern; what is being voted on tonight is not whether Council supports airport expansion, but whether to continue to have the option to allow the Roadway to be built sometime in the distant future; the Airport Expansion Project should be separated from Cross Airport Roadway Project and access to Harbor Bay Isle. Vice Mayor DeWitt seconded the motion. Under discussion, Councilmember Daysog stated it is clearly a very tough issue; in the final analysis, Council will need to balance , perspectives; good City planning will be necessary; this evening, Council is just punting. Mayor Appezzato provided a historical background of the matter; stated the Roadway will not enter Maitland Drive; a net benefit determination must be made; the Roadway should reduce traffic, especially on Fernside Blvd., Otis Drive and High Street; it should Minutes Regular Meeting Alameda City Council December 2, 1997 0 provide access to the East End Ferry, help mass transit, and serve as a safety valve in the event of major catastrophe; this could be the last opportunity to build a route from Alameda to 1-880 any time in the near future; the Project does not prevent the City from taking a very severe stand on expansion to the Airport, including a lawsuit if necessary. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-665) James Gary, Alameda, spoke in opposition to the Church of the Latter Day Saints plan to demolish a house at 1621 Encinal Avenue to increase a parking lot. Mayor Appezzato suggested Mr. Gary attend Planning Board Meetings when the issue is before that body. (97-666) Charles Dempsey, Alameda, expressed concern regarding the plan to demolish the single-family residence at 1621 Encinal Avenue. (97-667) Irmgard Dempsey, Alameda, stated to exchange a single- family home [1621 Encinal Avenue] of great beauty for 20 parking spaces does not seem economically sound; the neighborhood does not want the parking lot. COUNCIL COMMUNICATIONS (Communications from Council) (97-668) Mayor Appezzato noted that the San Francisco Business Times Newspaper had an article which stated: "Europe by the Bay; Alameda to Turn an Art Deco Landmark into an Open Market"; he stated that the property is the former market site located on Central Avenue off Park Street; and commented that good things are occurring in Alameda. (97-669) Mayor Appezzato stated that the Chief of Police should provide a report on police activities planned to discourage drunk driving in Alameda over the holidays. (97-670) Mayor Appezzato stated that the U.S. Conference of Mayors is heavily discussing the needs for teenage curfew; some cities believe there should be teenage curfews; and staff should revisit the issue and report to Council. (97-671) Mayor Appezzato noted communications were received in support of the Cross Airport Roadway from IDX and Alameda County Employees' Association late in day. Minutes Regular Meeting Alameda City Council December 2, 1997 (97-672) Councilmember Daysog requested a staff report on whether Alameda has a City Mascot; stated it could be an interesting joint project with the School District for the City's youth. Councilmember Lucas stated staff should survey other cities on the matter. Councilmember Daysog stated the survey should be limited to Alameda County. Councilmember Lucas agreed. (97-673) Mayor Appezzato stated that he serves on the Measure B Steering Committee; all of the projects will come before the City Council in February or March, 1998 for a public vote of support; following Council's action, the matter will go to ACTA and the County Board of Supervisors for additional public hearings. He further stated the second County survey indicated that 69% of Alamedans believe the Committee is going in the right direction; the three projects being pursued: Operate and maintain the draw bridges between Alameda and Oakland, improve ferry service between Oakland and Alameda to San Francisco, and provide an 1-80/1-980 ramp at Broadway and Jackson Street in Oakland to restore access to the West End of Alameda, were each highly rated. (97-674) Vice Mayor DeWitt announced that on December 6th, 5:30 p.m., at City Hall, the annual Holiday Tree Lighting Ceremony will take place. ADJOURNMENT Mayor Appezzato adjourned the Council Meeting at 9:25 p.m. Respectfully submitted, Diane B. Fe sch, CMC City Clerk Notice for this meeting was given in accordance with the Brown Act. Minutes Regular Meeting Alameda City Council December 2, 1997