1996-06-04 MinutesMINUTES SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL
JUNE 4, 1996
The meeting convened at 7:10 p.m. with President Appezzato
presiding.
ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas,
Vice Mayor Mannix and President Appezzato
- 5.
ABSENT: None.
(96-289) Adjournment to Closed Session to consider:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(54956.9)
Workers' Compensation Claim of Gregory Fitzgibbons
Announcement of Action Taken in Closed Session, if any.
Following the Closed Session, the Special meeting reconvened and
President Appezzato announced that instructions were given to Legal
Counsel.
Adjournment
The meeting was adjourned at 7:15 p.m.
Respectfully submitted,
D E B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
JUNE 4, 1996
The meeting convened at 7:44 p.m. with Mayor Appezzato presiding.
President Appezzato announced that Troop 2 from the First
Presbyterian Church was in attendance to earn certain badges.
The Pledge of Allegiance was led by Troop 2.
Reverend Don Taylor, Central Baptist Church, gave the invocation.
ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas,
Mannix and Mayor Appezzato - 5.
ABSENT: None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
(96-290) Proclamation Recognizing the Contributions of the Gay and
Lesbian Community of Alameda.
President Appezzato read the Proclamation and presented it to
Christine Allen, representing the Out On The Island Organization
[OOTI].
Christine Allen commended the Mayor for providing the Proclamation.
The following individuals spoke in support of the Proclamation:
Howard Symonds, PFLAG, Alameda; Allan Shore, OOTI, Alameda;
Neil Patrick Sweeney, Alameda; Christine Allen, OOTI, Alameda;
Greg Alves, OOTI, Alameda; Mark Winsor, M.D., Alameda; Morton
Wellhaven, Alameda; Christie Look, Alameda; Noel Folsom,
Alameda; Bobbi Tennant, Alameda; and Linn DePaul, OOTI,
Alameda.
The following individuals spoke in opposition to the Proclamation:
Shirley Cummins, Alameda; and Carol Knight, Concerned Women
for America, Alameda.
CONSENT CALENDAR
President Appezzato stated that the following items were pulled
from the Consent Calendar for discussion: 4-C (96-299) [Report from
the Public Works Director recommending approval of one-year lease
with Alameda Unified School District for the Alameda Veterans'
Memorial Building.]; 4-D (96-300) [Report from the Community
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Alameda City Council
June 4, 1996
1
Development Director recommending approval of a Northern Waterfront
Studio Program]; and 4-J (96-301) ["Introduction of Ordinance
Amending the Alameda Municipal Code by Adding a New Article VI
(Display of Harmful Matter), Section 4-38 (Display of Harmful
Matter in Public Areas and Commercial Establishments) to Chapter IV
(Offenses and Public Safety), Thereof, Pertaining to Display of
Harmful Matter, and Repealing Ordinance No 2723 Pertaining to
Newspaper and Periodical Vending Machines".]
Vice Mayor Mannix moved approval of •the remainder of the Consent
Calendar. Councilmember Lucas seconded the motion, which carried
by unanimous voice vote - 5.
4-A. (*96-291) Minutes of the Special Council Meeting (Closed
Session) of May 1, 1996; Regular and Special City Council Meetings
of May 21, 1996. Approved.
4-B. (*96-292) Report from the City Manager recommending support
for Senate Bill 1393 (Thompson) City Fines and Forfeitures.
Accepted.
4-C. See Paragraph (96-299).
4-D. See Paragraph (96-300).
4-E. (*96-293) Resolution No. 12770 "Declaring Sources of
Infiltration and Inflow from Storm Water on Private Property
Located in Sanitary Sewer Basin 97 a Public Nuisance; Setting Time
and Place for a Public Hearing, and Ordering the Public Works
Director to Give Formal Notice to Property Owners where Problems
are Known to Exist". Adopted.
4-F. (*96-294) Resolution No. 12771 "Authorizing the Issuance of
Refunding Special Tax Bonds, Approving and Directing the Execution
of a Fiscal Agent Agreement and Approving Other Related Documents
and Actions". (CFD #1 Refunding) Adopted.
4-G. (*96-295) Resolution No.12772 "Approving the Form and
Authorizing and Directing the Execution of Certain Lease Financing
Documents, Approving the Form and Authorizing the Distribution of
a Preliminary Official Statement in Connection with the Offering
and Sale of Certificates of Participation Relating Thereto,
Approving the Sale Thereof, and Authorizing and Directing Certain
Actions with Respect Thereto". (Police Jail/Administration
Building) Adopted.
4-H. (*96-296) Resolution No. 12773 "Establishing Disadvantaged
Business Enterprise Program Goals for Fiscal Year July 1, 1996
through June 30, 1997". Adopted.
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June 4, 1996
2
4-1. (*96-297) Resolution No. 12774 "Authorizing the City Manager
to Apply for Regional Measure 1 - 3% Funds for Operating Subsidy
for the Alameda/Oakland Ferry Service and to Enter into All
Agreements Necessary to Secure These Funds". Adopted
4-J. See Paragraph (96-301).
4-K. (*96-298) Bills for ratification. Ratified.
4-C. (96-299) Report from the Public Works Director recommending
approval of one-year lease with Alameda Unified School District for
the Alameda Veterans' Memorial Building. Accepted.
Barbara Kerr, Alameda, stated that the Veterans' Memorial Building
should be considered for use by the Main Library during the
retrofit work on the Carnegie building.
Don Roberts, Alameda, stated that the School District has been
getting a deal from the City, and the City should be tougher when
negotiating and spending taxpayers' money.
Gerhard Degemann, Alameda, stated that the Veterans Building was
needed for a short time, and Council should grant the request.
President Appezzato stated that he requested this matter be pulled
from the Consent Calendar for discussion; City has worked closely
with the School District; staff and District should fully
understand that use of the building by the City and District cannot
interfere with continued access and use by Veterans; and that the
word 'unduly' should be stricken from the last paragraph on Page 2
of the Staff Report.
In response to Councilmember Lucas's inquiry, the City Manager
stated that use of the Veterans' Memorial Building as a temporary
library would require a great deal of work.
Vice Mayor Mannix moved acceptance of the staff's recommendation
that the City Council, by motion: 1) find that the proposed lease
does not have a significant effect on the environment and,
therefore, is statutorily exempt under Section 15301 (a) the CEQA
(California Environmental Quality Act) Guidelines, "Existing
Facilities;" 2) approve the lease in the form substantially similar
to the proposed Alameda Unified School District Lease attached
hereto or with any changes deemed appropriate by the Council; and
3) direct the City Manager to sign the necessary documents to
execute the lease; and also of the Mayor's comments regarding the
use of the building by veterans.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
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June 4, 1996
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4-D. (96-300) Report from the Community Development Director
recommending approval of a Northern Waterfront Studio Program.
Accepted.
President Appezzato stated that he wanted assurance the Program, was
in concert with Measure A.
The City Manager responded that the proposal was for working
studios.
Councilman Arnerich moved approval of the Northern Waterfront
Studio Program.
Vice Mayor Mannix seconded the motion, which carried by unanimous
voice vote - 5.
4-J. (96-301) "Introduction of Ordinance Amending the Alameda
Municipal Code by Adding a New Article VI (Display of Harmful
Matter), Section 4-38 (Display of Harmful Matter in Public Areas
and Commercial Establishments) to Chapter IV (Offenses and Public
Safety), Thereof, Pertaining to Display of Harmful Matter, and
Repealing Ordinance No. 2723 Pertaining to Newspaper and Periodical
Vending Machines". Introduced.
Diane Coler-Dark, Alameda, stated that Council should direct staff
to include provisions pertaining to display of adult material in
current zoning amendments.
Councilmember DeWitt stated that the City Attorney and Planning
Department should address Ms. Coler-Dark's comments; ordinance
before Council does not deal with the sale or rental of adult
material; and zoning ordinances should be looked at to close the
gap.
The City Manager stated that staff would take the suggestion to the
Planning Board as part of the changes to the Development Code.
Councilmember DeWitt moved approval of the staff recommendation to
introduce the Ordinance.
Councilmember Lucas seconded the motion, which carried by unanimous
voice vote - 5.
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Alameda City Council
June 4, 1996
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5. REGULAR AGENDA ITEMS
5-A. (96-302) Public Hearing to consider Resolution No. 12775
Confirming the Business Improvement Area Report for FY 1996-97 and
Levying an Annual Assessment on the Alameda Business Improvement
Area of the City of Alameda for FY 1996-97. Accepted.
President Appezzato opened the public hearing; there being no
speakers, the public portion of the hearing was closed.
Councilmember DeWitt moved adoption of the Resolution.
Councilman Arnerich seconded the motion.
Under discussion, President Appezzato reviewed the budgets for the
Park Street Business Association and West Alameda Business
Association, and requested staff to report back on the matter of
allocations.
On the call for the question, the motion carried by unanimous voice
vote - 5.
5-B. (96-303) Report from Chair, Economic Development Commission,
recommending approval of a two-year staff position for Business
Recruitment. Accepted.
Diane Coler-Dark, Economic Development Commission Member, stated
that the City should move forward with expanding recruitment
activities.
In response to President Appezzato's inquiry, the Community
Development Director stated that the recommendation was for
approval of the concept; staff would come back with a source of
funds in the Commercial Revitalization Budget at the second meeting
in June, position's salary would be paid from the interest of UDAG
funds budgeted and used for commercial revitalization in the
existing business districts; position would be for a two-year trial
period; and quarterly reports would be provided.
Councilmember Lucas stated that quarterly reports would be
important, and she supported the recommendation.
Councilman Arnerich stated that the City should get a person
specialized in revitalization, and moved approval of the
recommendation.
Councilmember Lucas seconded the motion.
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June 4, 1996
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Under discussion, Councilmember DeWitt stated that the person
should work with the property owners and recruit businesses that
provide a good commercial mix.
On the call for the question, the motion carried by unanimous voice
vote - 5.
5-C. (96-304) Report from Chair, Economic Development Commission,
recommending approval of a Demonstration Commercial Broker
Incentive Program. Accepted.
Diane Coler-Dark, Alameda, stated that the pilot program should be
adopted.
Councilmember DeWitt stated that active business areas generate
funds for the General Fund.
President Appezzato stated that the City's recent accomplishments
in attracting businesses should be stressed too.
On the call for the question, the motion carried by unanimous voice
vote - 5.
5-D. (96-305) Report from the Public Works Director recommending
approval of a Memorandum of Understanding between the City of
Alameda and the County of Alameda regarding payment for operation
and maintenance of the Estuary Bridges for Fiscal Years 1995-96 and
1996-97. Accepted.
Earl Peacock, Chair, Grass Roots Committee for Fair Taxation,
stated that Alameda has no responsibility for operating or
maintaining the bridges, and Council should turn down the
Memorandum of Understanding.
Noel Folsom, Alameda, stated that the Memorandum of Understanding
should be rejected on the basis of equity.
Don Roberts, Alameda, spoke in opposition to the recommendation.
Donald LaBelle, Public Works Director, Alameda County, stated that
the Board of Supervisors unanimously approved the Agreement, and he
thanked the City Council for their consideration.
The City Manager stated that the recession hit the State, City and
County hard; State took money from the City; County lost hundreds
of millions of dollars to the State; State took the County Special
District Augmentation Fund's monies used for the bridges; bridges
are currently funded by road funds previously designated for
unincorporated areas; citizens complained; County proposed an
assessment district in cities of Alameda and Oakland that cannot
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Alameda City Council
June 4, 1996
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be activated without approval of Council; County has threatened to
relinquish the bridges without Alameda's consent, and Alameda and
Oakland operate bridges; City has no responsibility to operate or
maintain the bridges; City Attorney has done extensive work, and
advised Council accordingly; County has been informed that Alameda
was not interested in discussing the matter, unless a way was found
to make the City whole in this issue; Memorandum of Understanding
is the County's best effort; and MOU is not the cleanest approach,
however, avoids litigation.
President Appezzato stated that the City Council has done its share
in regional cooperation, e.g. Navy Base.
Vice Mayor Mannix stated that he recognizes the County's dilemma;
a two -year turn around of funds is not a big problem; it is
important that proposal is not precedent setting; a positive action
on the recommendation should not be interpreted that the City has
liability in the future; and MOU is worth trying, in order to avoid
litigation and to resolve issue on mutual ground.
President Appezzato read from an Agreement between the Federal
Government and County of Alameda, "...the Government has agreed to
undertake construction of a new Fruitvale Highway Bridge and
appurtenant structures, provided the County would assume the
ownership, operation and maintenance and replacement of the Highway
Bridge and structures. "The Government transferred the Fruitvale
Avenue Highway Bridge and structures to the County effective 1
July. "Whereas, the Railroad Bridge owned by the Government ...,"
etcetera, etcetera, and further in the Contract, "... Whereby
Agreement dated 15 November 1973, the County agreed to entering
into Agreement with the Government to be effective 1 July 1975, to
assume responsibility for operation and maintenance of the Railroad
Bridge in consideration of the payment to the County by the
Government of a pro- rata share of the cost of operating both the
Highway Bridge and the Railroad Bridge; such pro -rata to be
negotiated at the time of entering such Agreement, and 100% of the
maintenance costs of the Railroad Bridge; the Federal Government
agrees to reimburse the County for the costs for operating and
maintaining the Railroad Bridges as follows: 100% of the
maintenance and supervision costs, including the Railroad Bridge,
40% of the direct operation and labor costs for the combined
operation of the Railroad Bridge and the Highway Bridge, 100% of
the electrical utility costs metered for the Railroad Bridge; 100%
of the depreciation of the equipment; and 50% of the water and
sewer .... "; and President Appezzato stated that there are payments
coming from the Federal Government for operations of the Railroad
Bridge and portion of the Highway Bridge.
Councilman Arnerich stated that the responsibility of the bridges
is the County's; he does not see anything hurting the program
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Alameda City Council
June 4, 1996
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during the next five to seven years; agrees with the City Manager
that the City of Oakland, the County of Alameda, and City of
Alameda are neighbors and must learn to work together; and he will
support the recommendation, with one exception--the section on
working with the State legislature to impose license fees on
vehicle registrants of the cities of Alameda and Oakland; and he
believes all of the vehicle registrants in the County should pay
the fee.
Councilmember Lucas stated that a reasonable compromise has been
worked out, and she will support the proposal.
Councilmember DeWitt stated that it appeared a two-year loan was
being suggested, and that the money would be given back to the
City; and with mutual cooperation, those parties responsible for
the dilemma could be gone after.
President Appezzato stated that the City would not get anywhere
with State legislation; dredging of the Channel has benefitted
Alameda, Oakland, Alameda County, East Bay Regional Park District,
Port of Oakland and the City of San Leandro; City is agreeing to
pay $1,050,000, transfer is a loan; $1,050,000 would go into
[County] Funds that have substantial monies; $702,000 would go to
the Alameda County Transportation Authority for credit towards the
Cross Airport Roadway Fund; once Agreement signed, City assumes
responsibility for the bridges, bridges are a County
responsibility; and he cannot support the recommendation.
Councilman Arnerich stated that there were three funds available:
General-, Traffic Improvement- and Roadway Funds.
The City Manager stated that monies in the Traffic Improvement- and
Roadway Funds could be used for the $1,050,000.
Councilmember DeWitt stated that he would support monies coming out
of the Traffic Improvement Fund, and so moved.
Vice Mayor Mannix seconded the motion, which carried by the
following voice vote: Ayes: Councilmembers Arnerich, DeWitt,
Lucas and Vice Mayor Mannix - 4. Noes: Mayor Appezzato - 1.
***
The City Council recessed at 9:50 p.m. and reconvened at 10:03 p.m.
***
5-E. (96-306) Report from the Public Works Director recommending
approval of a Memorandum of Understanding between the City of
Oakland and the City of Alameda regarding Cross-Airport Roadway
Funding. Accepted.
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June 4, 19%
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Mayor Appezzato announced that there were no speakers on this item.
Councilmember Lucas moved acceptance of report and recommendation.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
5-F. (96-307) Introduction of Ordinance Approving and Authorizing
Execution of Tidelands Lease Between Pacific Shops, Inc. and the
City of Alameda. (Requires four affirmative votes). Introduced.
Don Roberts, Alameda, stated that the best deal for the City would
be a percentage of the gross income of the Corporation.
Councilmember DeWitt reviewed the agreement, and spoke in support
of the proposal.
Councilman Arnerich stated that he would support the $52,000 lease.
Vice Mayor Mannix moved the recommendation that the City Council:
1) Find that the proposed lease is statutorily exempt under Section
15261 of the CEQA (California Environmental Quality Act)
Guidelines, "Ongoing project being carried out by a public agency
which was approved prior to November 23, 1970, . . ."; and 2)
Approve the attached lease as presented, or with any changes deemed
appropriate by the Council, by introducing the Ordinance.
Councilmember Lucas seconded the motion.
President Appezzato stated that staff should have recommended a MAI
Appraisal; he would establish a five-member sub-committee to review
tidelands leases; past City leases were not written for the benefit
of the citizens, e.g. annual rents; leased land and their
structures should revert back to the citizens, as stated in the
Tidelands Law; and the City will have to go after access [Pacific
Shops, Inc.] someday--property which belongs to the City of
Alameda.
Vice Mayor Mannix stated that reports in the future should include
the returns gained by the City from businesses involved in
Tidelands leases.
On the call for the questions, the motion carried by the following
voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas, and Vice
Mayor Mannix - 4. Noes: President Appezzato - 1.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
6-A. (96-308) Neil Patrick Sweeney, Alameda, discussed the matter
of annual volunteer fairs.
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June 4, 1996
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6-B. (96-309) Mr. Derr, Alameda, delineated certain recent City
Council actions he thought were good, and voiced opposition to
Council action on the Memorandum of Understanding for the Estuary
bridges (Paragraph No. 96-306) and Lease with Pacific Shops, Inc.
(Paragraph No. 96-307).
COUNCIL COMMUNICATIONS (Communications from Council)
(96-310) Councilmember Lucas stated that the Times Star had an
article on civic improvements in the City of Berkeley, and she
would like Alameda to consider similar ones.
(96-311) President Appezzato requested a report on General Fund
monies.
7-A. (96-312) Consideration of Mayor's nomination for appointment
to the Library Board. Nominated.
Mayor Appezzato nominated incumbent Bonnie Conner.
7-B. (96-313) Consideration of Mayor's nomination for appointment
to the Planning Board. Nominated.
Mayor Appezzato nominated incumbent Lee Harris.
7-C. (96-314) Consideration of Mayor's nomination for appointment
to the Public Utilities Board. Nominated.
Mayor Appezzato nominated incumbent Kenneth Hansen.
ADJOURNMENT
(96-315) Mayor Appezzato adjourned the meeting at 10:30 p.m. in
memory of Mr. Herrera, former City employee; Mr. R. Kearney, father
of Kevin Kearney, City Auditor; and Mrs. Earl Peacock.
* * *
Respectfully submitted,
D ANE B. FE CH,
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
Minutes Regular Meeting
Alameda City Council
June 4, 1996
10