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2001-08-21 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - AUGUST 21, 2001 - - 7:30 P.M. Mayor Appezzato convened the Regular City Council Meeting at 8:22 p.m. ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. Absent: None. AGENDA CHANGES (01 -433) The Resolution Amending Resolution 11268 and Establishing a Policy for Installation of All Aboveground Equipment Associated with Cable Communications Services [paragraph no. 01 -443] was held over. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (01 -434) Presentation of Certificates of Service to the former Members of Various Boards and Commissions: Dominador Dicolen, Civil Service Board; A. Baird Heffron, Housing and Building Code Hearing and Appeals Board; Lou Baca, Housing Commission; Susan Correa, Library Board; Nancy Lewis, Library Board; Paul Fossum, Planning Board; Judith Guerra, Social Service Human Relations Board; Stephen Winton- Henry, Social Service Human Relations Board; and Ann Zukoski, Social Service Human Relations Board. Mayor Appezzato presented Service Certificates to Dominador Dicolen, Lou Baca and Nancy Lewis; requested staff to forward Certificates to former Board and Commission Members not able to attend the City Council Meeting. (01 -435) Proclamation declaring September 16, 2001 as Bungalow Day in the City of Alameda. Mayor Appezzato read the proclamation and presented it to Robbie Dileo, Chair of the Legacy Home Tour. Ms. Dileo stated the Bungalow Tour will be a joint fund raiser with the Alameda Museum; presented the Mayor and Councilmembers with invitations. (01 -436) Robert Wood, Alamedans Rebuilding the Tower, presented the Mayor and Councilmember with invitations to the Alamedans Rebuilding The Tower (ARTT) annual fund raiser; announced the event would be held Sunday, September 9, from 4:00 to 7:00 p.m., at the Regular Meeting 1 Alameda City Council August 21, 2001 Harrison Recreation Center in Lincoln Park; encouraged everyone to attend. (01 -437) Councilmember Kerr announced the Jackson Park Bandstand Dedication would be Sunday, September 9, at 11:30 a.m.; encouraged everyone to attend. CONSENT CALENDAR Mayor Appezzato announced that the recommendation to approve Request For Proposals (RFP) for Solid Waste, Recyclable and Organic Materials, and Solid Waste Disposal Services [paragraph no. 01 -441] was removed from the Consent Calendar for discussion and the Resolution Amending Resolution 11268 and Establishing a Policy for Installation of All Aboveground Equipment Associated with Cable Communications Services [paragraph no. 01 -443] was held over. Councilmember Daysog moved approval of the remainder of the Consent Calendar. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number] (01 -438) Minutes of the Special City Council Meeting (Closed Session), the Special Joint City Council and Alameda Reuse and Redevelopment Authority Meeting (Closed Session) and the Regular City Council Meeting held on August 7, 2001. Approved. (01 -439) Recommendation to approve Alameda Civic Light Opera proposed repayment plan. Accepted. (01 -440) Recommendation to authorize additional staff to support the Urban Runoff Clean Water Program. Accepted. (01 -441) Recommendation to approve Request For Proposals (RFP) for Solid Waste, Recyclable and Organic Materials, and Solid Waste Disposal Services and authorize solicitation of Proposals. David Krueger, Waste Management Employee and Alameda resident, stated the draft RFP contains good ideas for service improvements, such as: composting food waste and expanded recycling; the City does not need to go through the RFP process to receive service improvements; service improvements can be achieved by negotiating with Waste Management; in 1993, the City of San Jose replaced its service provider and the transition period was a complete disaster; the low bidder was not prepared to move into the district; residents did not receive services for two to three weeks; urged Regular Meeting 2 Alameda City Council August 21, 2001 Council to avoid similar risks and negotiate with Waste Management, rather than going through the RFP process. Dave Gilbert, Waste Management, urged Council to retain Waste Management as the City of Alameda's disposal service provider. Paul Beebout, Waste Management, stated approximately 42 Waste Management employees live in Alameda and 32 retired Waste Management employees reside in Alameda; employees enjoy serving Alameda residents and businesses; specific areas could be accommodated, rather than using a RFP; Waste Management is open to creative ideas and service additions. Barbara Frierson, Alameda, acknowledged City staff and consultants undertaking the huge effort involved in preparing the RFP; stated the brief Council report does not provide enough detailed information, e.g., table describing how solid waste and recycling in the RFP differ from existing services; that she has financial questions; inquired how much of the new service is covered by franchise fees; will only garbage be covered by franchise fees; financial analysis did not indicate income the City will receive as a result of franchise fees; the $10 Million contract cost was included, but not the positive impact of the franchise; that she is not clear how fees will be established and changed over time, e.g. based on cost plus profit or CPI adjustments; questioned whether a transfer facility is part of the RFP; further stated City facilities will continue to receive "free" recycling service; inquired whether street sweeping leaf pickup is included; whether commercial recycling will remain open market or be restricted to the franchisee; whether a ten -year franchise agreement meets the requirements of the Alameda County Charter Amendment of 1991, to allow the City to continue receiving Measure D funds; who will administer the exemption process, which was a difficult and time - consuming activity for City staff; what changes might be required to the Municipal Code as a result of the items requested in the RFP; how subsidizing rates for seniors works with Proposition 218 provisions; stated cost is a huge component of the evaluation criteria; inquired whether a proposer could entirely fail the qualifications and environmental criteria and still receive the contract if it comes in at a lower cost. Mayor Appezzato inquired whether staff took note of Ms. Frierson's questions; stated the service provider is not being selected tonight. The Assistant City Manager, Operations responded staff will be prepared to respond to said questions. Regular Meeting 3 Alameda City Council August 21, 2001 Mayor Appezzato inquired whether there were hearings and discussions with service providers prior to release of the RFP, to which the Deputy Public Works Director responded there were three public meetings with the different service operators. John McCabe, Solid Waste Franchise Team Member and Alameda resident, stated the RFP includes provisions for expanded business recycling; in addition to having a guaranteed level of service from the City's provider, businesses should have the opportunity to select recycling providers; organics recycling could be increased; expanded construction and demolition recycling is good; the RFP includes provisions for public recycling containers downtown, at bus stops and at Alameda Point; thanked staff for soliciting input; inquired whether the RFP could be made available on the City of Alameda's website. Mayor Appezzato inquired whether the document [RFP] could be on the City's website. The Deputy Public Works Director responded major text can be placed on the website; however, appendices cannot be posted on the website. Mayor Appezzato requested the website include a list of locations where the full document is available, e.g., City Hall and libraries. Michael Torrey, Alameda, stated Waste Management staff pulls large bins out of stalls to empty garbage and does not put bins back; when bins are left in the driveway, cars cannot pass through; last week, a para- transit bus driver was not able to get through due to bins. Mayor Appezzato encouraged Mr. Torrey to speak to Waste Management employees after the meeting. Robert Field, Park Webster Homeowners' Association, stated there are 242 property owners at Park Webster; large scale service should be addressed carefully; there are on -going missed pickups; it took seven months to have broken equipment replaced; Waste Management conducted an audit and increased costs by 25 -300, however, the auditor miscounted the number of bins; automobiles have been damaged as a result of equipment being left out; the use of large trucks damages infrastructure. Mayor Appezzato encouraged Mr. Field to speak to Waste Management representatives present tonight. Mayor Appezzato stated that he opposes the lobbying restriction; as Regular Meeting 4 Alameda City Council August 21, 2001 an elected official, he will be accessible to anyone who wants to talk to him; and inquired whether staff would provide a recommendation on which provider should be selected. The Assistant City Manager, Operations, responded in the affirmative; stated the consultant will make a recommendation; there will be a public hearing; proposals will be rated; the matter will return to Council in January. Mayor Appezzato inquired whether Councilmembers were interested in handling the matter similar to Alameda Point Master Developer selection; further stated the recycling RFP process became emotional; hopefully, the same incivility will not occur; the RFP process is a time - honored tradition. Councilmember Johnson moved approval of the staff recommendation [approval of the RFP and authorization to solicit Proposals] with an amendment [to the RFP] to remove lobbying restrictions. Councilmember Johnson stated Councilmembers and the public were pleased with the Master Developer selection process, which included analysis without an actual recommendation; that she is open to said suggestion; Ms. Frierson raised some very good points; analysis should include issues raised by Ms. Frierson. Mayor Appezzato noted there is benefit to staff presenting a recommendation. Councilmember Kerr stated that she supports removal of the gag order [lobbying restrictions]; the public should have access to elected officials. Mayor Appezzato stated the motion includes removal of the gag order and does not include keeping staff from presenting a recommendation [for award of Contract]. Councilmember Daysog stated people seldom complain about waste removal and recycling services; inquired whether the scoring system could include points for customer satisfaction; stated a low bid might be submitted by a provider with questionable service. Vice Mayor DeWitt stated that he has heard concerns from residents about garbage no longer being picked up from backyards; residents object to bringing garbage to the curb because it smells and is unsightly; there are good reasons for having lobbying restrictions; the period prior to submittal of proposals is a critical time when Councilmembers and staff should not be in discussions with potential providers; after RFPs are submitted, Council can discuss Regular Meeting cJ Alameda City Council August 21, 2001 the matter with potential providers. Councilmember Daysog inquired whether the RFP included points for good service. The Deputy Public Works Director responded under Proposer's Qualifications, jurisdiction satisfaction is included within the 20 points; references will be checked and customer service will be audited regardless of current jurisdiction. Councilmember Daysog inquired whether outside jurisdictions would be weighted as heavily as Alameda, to which the Deputy Public Works Director responded in the affirmative. Mayor Appezzato stated most people bring garbage cans to the curb because they do not want workers going into backyards; that he would like to receive the benefit of reduced price for bringing garbage to the curb; there will be exceptions for seniors and disabled. Councilmember Kerr stated backyard collection can be provided upon request; there are exceptions for seniors and disabled; inquired whether the exception would apply to a senior responsible for taking garbage to the curb for a four -plex. The Deputy Public Works Director responded said person would qualify for the exemption. Councilmember Kerr further inquired whether the exemption would apply to all four units, to which the Deputy Public Works responded in the affirmative. Mayor Appezzato stated each resident should be required to bring their garbage to the curb; said requirement could be included in the lease. Councilmember Kerr stated if relying on tenants, often garbage is not brought to the curb; landlords are responsible for ensuring garbage is picked up. Mayor Appezzato stated that he is not sure owners of four - plexes should receive an exemption; the City should wait until the matter comes forward. Councilmember Daysog stated 50 points will be awarded for cost; inquired whether there is a way to ensure proposers will not underbid and receive 50 points. The Deputy Public Works Director responded there is a pass /fail Regular Meeting 6 Alameda City Council August 21, 2001 criteria; proposers not meeting minimum requirements will not be scored; further stated reasonableness of cost will be rated. Mayor Appezzato stated 540 of the citizens in Alameda are renters; if rental property owners are provided exemptions, costs will be borne by other residents. Councilmember Kerr noted the exemption would only be for up to four units; not all rental property is owned by seniors. Mayor Appezzato requested staff to provide a report on the ratio of rental units owned by seniors. Councilmember Johnson stated the economics should be reviewed; allowing exemptions causes some Alameda residents to subsidize other residents; exemptions should be considered for disabled homeowners, however, there could be different consideration for rental property, which generates income; large areas of Alameda have been bringing garbage to the curb for years; people already bring recycling to the curb; bringing cans to the curb allows trucks to get in and out faster, which benefits everyone. Councilmember Johnson inquired whether people will be provided with wheeled garbage cans, to which the Deputy Public Works Director responded in the affirmative. Councilmember Johnson inquired whether residents who do not qualify for the exemption could pay an extra fee [to have backyard pickup]. The Deputy Public Works Director responded in the affirmative; stated for an extra fee, backyard service can be provided. In response to Mayor Appezzato's inquiry regarding the amount of the fee, the Deputy Public Works Director stated it depends upon the proposals, however, staff approximates it will be a couple of dollars. The Deputy Public Works Director inquired whether Council would agree to not lift lobbying restrictions on staff and the selection committee; stated the restriction only applies to specifics of the proposal and was included to ensure consistent information is provided regarding the interpretation of the proposal; the City's consultant is the single point source responsible for taking questions, interpreting the proposal and providing written information back to each proposer; the restriction is not meant to prevent Councilmembers from communicating with anyone, rather it is to protect the process and ensure proposers are not provided differing interpretations. Regular Meeting 7 Alameda City Council August 21, 2001 Mayor Appezzato stated restrictions should be lifted for elected officials, not staff. Councilmember Johnson agreed lobbying restrictions should remain in place for staff and the selection committee. The Deputy Public Works Director stated timing is a key issue; the contract is included in the proposal; proposers will essentially be signing a contract which must be submitted with only minor exceptions; there will not be time to negotiate; the intent is to bring a recommendation, with a contract signed by the proposer, to Council for approval. Mayor Appezzato agreed to proceed in said manner, as long as the rest of the Council concurred. Councilmember Johnson inquired whether Council would have an option to select a provider other than the one recommended by staff. The Deputy Public Works Director responded staff will recommend the top -rated proposer based on the evaluation criteria; Council has the option to reject the staff recommendation. Councilmember Johnson inquired whether the recommendation could be written to allow Council to reject it and vote for another provider at the same meeting. The City Attorney responded in the affirmative; stated Brown Act requirements should not be confused with Council's discretion; the Brown Act merely requires public notice be given; public notice would indicate a vendor will be selected; staff's recommendation, in the report, will be for a specific entity; Council will not be prevented from exercising discretion, as provided by the Brown Act, to reject the recommendation and select whomever desired. Mayor Appezzato stated Council is going forward except with lifting the gag order for elected officials. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (01 -442) Recommendation to approve the Purchase of One (1) AKZO Nobel TP -4 Pothole Patching Unit in Accordance with Section 2 -61.7 of the Alameda Municipal Code. Accepted. (01 -443) Adoption of Resolution Amending Resolution 11268 and Establishing a Policy for Installation of All Aboveground Equipment Regular Meeting 8 Alameda City Council August 21, 2001 Associated with Cable Communications Services. Held over. (01 -444) Resolution No. 13384, "Authorizing the Filing of an Application for Federal Surface Transportation Funds through the Metropolitan Transportation Commission's Transportation for Livable Communities Program for the Webster Renaissance Project and Committing the Necessary Local Match for the Project and Stating the Assurance of the City of Alameda to Complete the Project." Adopted. (01 -445) Ratified bills in the amount of $7,782,950.09 REGULAR AGENDA ITEMS (01 -446) Resolution No. 13385, "Appointing Floyd Hibbits as a Member of the Social Service Human Relations Board." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. The Acting City Clerk administered the Oath of Office and presented Mr. Hibbits with a Certificate of Appointment. (01 -447) Resolution No. 13386, "Appointing Patricia A. Simmons as a Member of the Social Service Human Relations Board." Adopted. Councilmember Daysog moved adoption of the Resolution. Councilmember Johnson seconded the motion, which carried by unanimous voice vote - 5. The Acting City Clerk administered the Oath of Office and presented Ms. Simmons with a Certificate of Appointment. (01 -448) Public Hearing to consider an Appeal of a Planning Board decision approving Use Permit, UP 01 -13, to allow the use of an outdoor dining area, and to operate a restaurant from 7:00 a.m. to 2:00 a.m. The proposed use is located in the Historic Croll's Building located at 1400 Webster Street, within the C -C, Community Commercial Zoning District. Appellant: Jason Lucey. (01 -448A) Resolution No. 13387, "Denying the Appeal of Jason Lucey and Upholding the Planning Board's Approval of Use Permit, UP 01- 13, for an Outdoor Dining Area, and to Allow a Business to Operate Between the Hours of 10:00 p.m. and 7:00 a.m." Adopted. Regular Meeting 9 Alameda City Council August 21, 2001 Mayor Appezzato opened the Public Hearing. Proponents: Jason Lucey, Appellant; Tony Lucey, Alameda; and Robert Field, Park Webster Homeowners' Association. Opponents: Bob Brown, Alameda; James York, Alameda; John Cueller, Alameda; Ann Channin, Alameda; Sarah Sykes, West Alameda Business Association (WABA); Mark Neiman, Alameda; Michelle Fredrick, WABA; Georgia Madden, WABA; Erma Garcia- Sinclare, Alameda; David Hart, Alameda; Peter Saw; Mytien Nguyen; Dr. Leslie Hilger, Alameda; and Puttaswamy Kumar, Applicant. There being no further speakers, Mayor Appezzato closed the public portion of the Hearing. Vice Mayor DeWitt inquired whether Mr. Kumar's request for a hard liquor license violates the Municipal Code. The City Attorney responded having two bars would violate the Municipal Code, however, the Planning Department has processed this as a restaurant, not a bar; if the Planning Board and staff had interpreted the use to be a bar, it would not have been allowed. Councilmember Kerr stated bars and restaurants are defined differently in the Development Code; recently, there have been hassles about the definition. Councilmember Johnson stated that she spoke with the Lucey's, who are interpreting the use to be a bar; as long as the City does not consider the use to be a bar, the 1,000 foot rule does not apply; people refer to Mr. Kumar as a five -star chef; that she is convinced, it will be a restaurant, not a bar; having a bar, in conjunction with a restaurant, is not unusual; many restaurants in town have bars; hopefully, testimony put the Lucey's concerns at ease; Planning Board conditions are strong enough to ensure it will be a restaurant. Regular Meeting 10 Alameda City Council August 21, 2001 Councilmember Johnson moved adoption of Resolution denying the Appeal. Councilmember Daysog seconded the motion. Under discussion, Councilmember Kerr stated that she was concerned about noise; Restriction No. 8 requires any noise emanating from the use shall not be clearly audible across the street or at the property line of any residentially zoned area within the proximity of the restaurant; the City should ensure the restriction is followed. Vice Mayor DeWitt stated the Planning Board set up thorough restrictions which should address concerns. Mayor Appezzato stated the site is in a business district; the Planning Board voted unanimously to approve the application; that he will support the Planning Board. On the call for the question, the motion carried by unanimous voice vote - 5. Mayor Appezzato called a recess at 10:32 p.m. and reconvened the Regular Meeting at 10:41 p.m. (01 -449) Introduction of Ordinance Approving and Authorizing Execution of Lease Agreement Between Grand Edibles, Inc., as Lessee, and the City of Alameda, as Lessor, for the Lease of Real Property at 300 Island Drive. Introduced. John Abrate, Alameda, stated the Bay Fairway Hall can be turned into a beautiful building and venue to hold events in the City; Grand Edibles owner, Mr. Krauland, will turn the hall into the perfect gateway for the Harbor Bay /Bay Farm Island area; citizens, corporations and non - profits will be able to hold events in Alameda; urged Council to allow Grand Edibles to be the new tenants at Bay Fairway Hall. The City's Consultant, Dick Rudloff, stated the existing lease terminated in March, 1999; the facility has been operated on a month -to -month basis; RFQ's were sent to every business in the City with a catering or restaurant business license; the City received six proposals; staff entered negotiations with the top three proposers regarding improvements and revenue; Harbor View Restaurant withdrew its proposal; Grand Edibles was selected in May; the City completed negotiations and has a signed lease Regular Meeting 1 1 Alameda City Council August 21, 2001 outlining terms and conditions. Mayor Appezzato stated both Applicants submitted plans to use the outdoor patio area; inquired whether the tent must go through the Planning Department design review process. Consultant Rudloff responded only the lease is being considered; language could be added; nothing in the lease indicates approval of tent; Grand Edible's expansion of service requires addition to the structure, e.g. tent or lattice work. Mayor Appezzato requested confirmation that said improvements will go through a review process. The City Attorney responded Council is wearing its landlord hat tonight; the Planning Board will wear the regulatory hat, which will approve or deny various entitlements, including tents or Use Permits. Mayor Appezzato inquired whether the second and third extension are at the sole discretion of the tenant. Consultant Rudloff responded in the affirmative; stated if the tenant has not met sales projections after five years, the City has the right to terminate the lease; if the tenant has met sales projections at the end of ten years, the tenant has the right to renew the lease. Mayor Appezzato inquired why the City does not have the right to terminate the lease at the end of ten or fifteen years. Consultant Rudloff responded the tenant is making an investment and would like a long -term commitment from the City. The City Attorney stated Paragraph 27 of the lease requires no defaults continuing under the lease at the time of exercising the commencement of the applicable extension term; there are a number of other conditions outlining the tenant's option to extend the lease as long as there is no default. Councilmember Johnson inquired whether said requirement applied to all extensions, to which the City Attorney responded in the affirmative. Mayor Appezzato stated the City can use the facility for one event per month; inquired whether a non - profit could use the facility if the City does not use it during a month. Regular Meeting 12 Alameda City Council August 21, 2001 Consultant Rudloff responded in the affirmative; stated the lessee could confirm his interpretation of the clause. The Assistant City Manager stated if the City chooses not to use the facility once during a month, a non - profit could use it. Mayor Appezzato noted the event should not be at the expense of the tenant. Councilmember Kerr stated that she is concerned about the lease being renewable only at the tenant's option, assuming there is no default; leases running for 50 years have turned out to be sweetheart leases; the City is not collecting fair market rent and cannot terminate leases because tenants have the right to continue the lease as long as they meet requirements; as landlords, the City should not create similar situations; the City should be able to renegotiate the lease from time to time; the City cannot terminate leases on tideland trust due to conditions in the lease. Consultant Rudloff stated tideland leases from the 1980's did not anticipate rent increases over the years; the proposed lease has a 5% increase in fixed rent each year and a clause which allows the City to participate in the tenant's revenue; as the tenant builds revenue, the City will receive a portion of the revenue; the City should stay with inflation and the increase in business. Councilmember Kerr stated the lease does not protect the City from a higher and better use of the property; the only guaranteed rent is $36,000 per year from Grand Edibles and $50,000 per year from McGee's; the other payment assumes revenue will increase; the Golf Course is being redesigned and the Club House might relocate to the Bay Fairway Hall area; the City should not tie itself into a non - City use of land forever. Consultant Rudloff stated the lease has a buy out provision; the City and the tenant each present a buy out amount and if an agreement cannot be reached, a mediator would choose one of the two amounts. Councilmember Kerr stated the City should have periodic opportunities to terminate the lease for good cause without having to buy out the lease; the current lease nets the City $30,000 per year; Grand Edibles is guaranteeing an additional $6,000 per year; McGee's guarantees a minimum of $50,000 per year; the amount of money which the two businesses will put into the facility differs: Grand Edibles proposal is for $221,000 in improvements and McGee's would spend $1.4 Million; however, McGee's proposals requests a larger commitment from the City; an escape clause should be Regular Meeting 13 Alameda City Council August 21, 2001 included in the lease which allows the City to terminate every ten years. Councilmember Johnson inquired whether the [revenue] projections provided by the proposed tenants were evaluated by staff as reasonable estimates based on business plans, to which Consultant Rudloff responded in the affirmative. Councilmember Johnson stated if the City wants a quality facility, the tenant will have to put in money up- front; the tenant cannot spend money up- front, if the City could step in and terminate the lease without allowing the tenant to earn a return on the investment; a reasonable buy out provision is the best way to proceed. Mayor Appezzato inquired whether the current lease fixed rent was $1,000 per month, to which Consultant Rudloff responded the current tenant did not have a minimum rent. In response to Mayor Appezzato's inquiry regarding the current tenant paying a percent of gross or net, Mr. Rudloff stated the current tenant paid a percent of gross; for the last five years, the average was between $25,000 and $30,000. Frank Krauland, Grand Edibles, Inc., stated that he opened Grand Catering and the Grand Gourmet Restaurant in 1981; the Bay Fairway Hall could be a premier event facility in Alameda; with Council's blessing, he will have the opportunity to operate the facility. The City Attorney stated paragraph 30 of the lease discusses landlord events on the premises; inquired whether the right of one City event per month could be assigned to a non - profit group. Mr. Krauland responded in the affirmative. Mayor Appezzato stated said event should not cost the tenant. Mr. Krauland stated that he would be willing to donate it [event cost]. The City Attorney stated the existing provision is that the tenant pays food and beverage and donates the rest of the cost. Councilmember Johnson stated the matter can remain open; Mr. Krauland should not have to commit at this point. Jeff Goodman, McGee's Bar and Grill, stated there are two ways to look at the Bay Fairway Hall: 1) special events and 2) a Regular Meeting 14 Alameda City Council August 21, 2001 restaurant; the lease [with Grand Edibles] is a sweetheart lease; the City will receive $154,696 based on $3 Million in projected revenue; $3 Million in revenue for a catering business is far fetched; catering businesses are not open every day of the week, restaurants are; catering events are only for people invited, not the average citizen; minimum rent is only $36,000; inquired who will be responsible for auditing the books; how often the books will be audited; whether the City has experienced problems with under revenue reporting in the past; whether revenues from the Bay Fairway Hall and the potential tenant's current business [Grand Catering] could be co- mingled; how the City will differentiate where revenues are derived; whether the potential tenant could sell product to the new business at a lower price to decrease revenues; Council should question the potential tenant's projections of $63,000 a week in sales every week of the year, with an average as high as $43.00 per person; catering banquets do not happen everyday; the City will receive 20 only and the industry standard is 50; Council should determine whether a banquet facility or restaurant would better serve the community. Mayor Appezzato stated both businesses [Grand Edibles and McGee's] are good quality. Councilmember Johnson stated it is a tough decision between two excellent, long -term successful food businesses in Alameda; Council has to decide whether a restaurant or catering business is the best use and what will generate the most revenue for the City; the highest revenue and lowest up -front investment from the City will be the catering facility, not the restaurant; Mr. Rudloff has confidence in the projections provided [by Grand Edibles]. Councilmember Johnson moved approval of awarding the lease to Grand Edibles [introduction of the Ordinance]. Councilmember Daysog seconded the motion. Under discussion, Councilmember Kerr stated business tenants are required to make substantial investments in other people's property, e.g. Southshore Shopping Center has fixed term leases, which are renewable and can be renegotiated, and tenants are required to make improvements to building interiors; the City should not enter into a lease which cannot be renegotiated at reasonable periods of time; leases go with the land; the City does not know whether Grand Edibles will hold the lease after a period of time; inquired whether the lease included provisions for a change of tenant. The City Attorney stated Section 4 on assignment and subleasing, Regular Meeting 15 Alameda City Council August 21, 2001 which is three pages long, indicates the facility shall not be occupied by anyone other than the tenant without the prior written consent of the landlord in each instance which shall not be unreasonably withheld or delayed; the lease outlines criteria for landlord consent, e.g. financial strength, business reputation, use percentage, rents and managerial operation skills. Councilmember Kerr stated the tenant could sell the lease to a new perspective tenant with a good set of books. The City Attorney stated the tenant has the option of coming to the City Council to request a transfer, which shall not be unreasonably withheld or delayed; there are a number of specific criteria. Councilmember Kerr stated that she is doubtful about the projected income; the Alameda Civic Light Opera provided projections, which were not met; anyone might not be able meet projections. Councilmember Johnson stated if the tenant does not meet revenue projections, the City can terminate the lease; there are provisions for increases in the fixed rental amount; if the tenant does not comply with provisions of the lease, the City can terminate; both operators have experience in the field, which is a reason to have confidence in the figures. Mayor Appezzato stated there is a five -year termination clause if projections are not met; both firms are reputable and have been in business in the City for quite a while; that he would be comfortable with either proposer. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. Noes: Councilmember Kerr - 1. ORAL COMMUNICATIONS, NON- AGENDA None. COUNCIL COMMUNICATIONS (01 -450) Consideration of Mayor's nominations (3) for appointment to the Economic Development Commission. Mayor Appezzato nominated John L. Abrate and Pattianne N. Parker for reappointment to the two Community -at -large Seats and Robert F. Kelly for appointment to the Marine /Waterfront Seat on the Economic Development Commission. Regular Meeting 16 Alameda City Council August 21, 2001 (01 -451) Councilmember Daysog stated the Department of Housing and Urban Development has funds available for housing search assistance programs; the Housing Authority should review the matter; Sentinel Fair Housing's Executive Director is interested in partnering with the City; the program requires partnership with a non - profit which provides housing counseling; only 15 entities will receive funds; possibly a consortium could be formed with other Housing Authorities; requested staff to review the matter and contact Sentinel Fair Housing and other interested Housing Authorities in Alameda County. (01 -452) Mayor Appezzato stated that he heard compliments about Public Works Supervisor Rick Paiva's attention to trees and sidewalks; encouraged staff to keep up the good work. (01 -453) Mayor Appezzato stated that he received a letter complimenting Fire Station No. 4 Paramedic's response to a call on July 7. (01 -454) Mayor Appezzato noted the amount of energy used by staff at City Hall during the first six months of 2001, was 200 lower than the amount of energy used during the first six months of 2000. (01 -455) Mayor Appezzato stated on Sunday [August 19], the San Francisco Chronicle Newspaper Magazine included an article on Alameda; recently, the City has received a lot of publicity. Regular Meeting 17 Alameda City Council August 21, 2001 ADJOURNMENT There being no further business, Mayor Appezzato adjourned the Regular Meeting at 11:23 p.m. Respectfully submitted, Lara Weisiger Acting City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 18 Alameda City Council August 21, 2001