2000-08-15 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY - - AUGUST 15, 2000 - - 7:30 P.M.
Mayor Appezzato convened the Regular Meeting at 8:19 p.m. Vice
Mayor Daysog led the Pledge of Allegiance. Pastor Dave Nederhood,
Alameda Christian Reformed Church, gave the Invocation.
ROLL CALL - Present: Councilmembers Daysog, DeWitt, Johnson,
Kerr and Mayor Appezzato - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(00 -456) Proclamation Recognizing and Expressing the City's
Appreciation to the Census 2000 Complete Count Task Force Community
Partners.
Mayor Appezzato read the Proclamation and presented a Certificate
of Appreciation to Vice Mayor Daysog, Task Force Co- Chair. Vice
Mayor Daysog presented Certificates of Appreciation to Steve Cohen,
AT &T Cable; Mariano Juaco, Alameda Multi - Cultural Center; Paula
McCloskey, Alameda Chamber of Commerce; Susan Fuller, Alameda
Journal; Georg Oliver, Alameda NAACP; Arnold Fong, Organization of
Alameda Asians; and Wil Cabrera and Jeffrey Devers, College of
Alameda. Vice Mayor Daysog presented the Proclamation to Lia
Bolden of the U.S. Census Bureau.
(00 -457) Presentation by East Bay Regional Park District Board
Member Doug Siden providing an update on the District.
Doug Siden gave a brief overview of District projects: Alameda dog
exercise area; Friday night concerts at the Cove; sand castle and
sculpture contest at Crown Memorial Beach; sand re- distribution at
Crown Memorial Beach; youth day camps at regional parks; new
programs for seniors; planning for the Bay Trail at Alameda Point;
new Quarry Lakes Regional Recreation Park in Fremont; dedication of
Camp Arroyo in Livermore; and future District Ballot Measures in
2002 and 2004.
CONSENT CALENDAR
Mayor Appezzato announced the Resolution recognizing Recreation and
Regular Meeting
Alameda City Council 1
August 15, 2000
Park Director Sherry McCarthy's contributions [paragraph no. 00-
462] was removed from the Consent Calender for discussion.
Councilmember DeWitt moved approval of the remainder of the Consent
Calender.
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.]
( *00 -458) Minutes of the Regular City Council Meeting held on
August 1, 2000. Approved
( *00 -459) Recommendation to accept Quarterly Sales Tax Report for
the First Quarter of 2000. Accepted.
( *00 -460) Recommendation to adopt Plans and Specifications and
authorize Call for Bids for Jackson Park Renovation, Phase 1, No.
P.W. 05- 00 -10. Accepted.
( *00 -461) Resolution No. 13264, "Setting a Hearing Date for
Consideration of Vacation of Market Street at Madison Street."
Adopted.
(00 -462) Resolution No. 13265, "Recognizing Recreation and Park
Director Sherry McCarthy's Contributions to the City of Alameda."
Adopted.
Councilmember Johnson moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
Mayor Appezzato read the Resolution.
Councilmember DeWitt thanked Sherry McCarthy for her efforts to
rename Buena Vista Park to Littlejohn Park.
Councilmember Johnson stated the Recreation Programs are as good as
when she participated; thanked Sherry McCarthy for maintaining
traditions.
Vice Mayor Daysog thanked Sherry for continuing tree - filled parks
throughout neighborhoods in Alameda.
Councilmember Kerr stated when the School District first allowed
the City to use Mastick as a senior center, it was a wreck; anyone
less than Sherry McCarthy would not have taken on the project.
Regular Meeting
Alameda City Council 2
August 15, 2000
Mayor Appezzato thanked Sherry for her many contributions; stated
there is an annual Run for the Parks; inquired whether an annual
bicycle ride for the parks could be started; suggested it be on a
Sunday and riders travel from park to park or around the Island;
requested staff review the matter.
The City Manager stated the Acting Recreation and Parks Director
was present and could consider the matter.
The Acting Recreation and Parks Director stated staff could review
the matter and seek input; the event possibly could take place in
the next ten to twelve months.
Councilmember Kerr suggested the Bike Coalition be contacted.
( *00 -463) Ratified bills in the amount of $ 1,402,390.00.
REGULAR AGENDA ITEMS
(00 -464) Resolution No. 13266, "Appointing Ann P. Zukoski as a
Member of the Social Service Human Relations Board." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
The City Clerk administered the Oath of Office to Ms. Zukoski.
(00 -465) Resolution No. 13267, "Appointing Stephen J. Winton -Henry
as a Member of the Social Service Human Relations Board." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Kerr seconded the motion, which carried by unanimous
voice vote - 5.
The City Clerk administered the Oath of Office to Mr. Winton- Henry.
(00 -466) Review of Association of Bay Area Governments' Regional
Housing Needs Determination 1999 -2006, Third Official Release of
Preliminary Numbers.
Peggy Doherty, Alameda, stated that many people who participated in
the discussion on May 31, 2000, left feeling discouraged and
dejected; however, there was a ray of hope because Council spoke of
concern for affordable housing; if Council approves the proposed
letter to the Association of Bay Area Governments (ABAG) tonight,
hopes will be dashed again; the City has projected it will create
Regular Meeting
Alameda City Council 3
August 15, 2000
more than 5,000 new jobs by 2006; inquired how the City proposed to
house the people who took those jobs; stated competition for
limited housing would be further stretched, and traffic further
congested by commuters; the need for Alameda to amend its General
Plan to accommodate additional housing does not seem to be a
legitimate excuse to repudiate ABAG's goals; the City already
stated it cannot meet the goals; however, it is very early in the
game to be sure of that, especially since ABAG's goals are not
legally binding and the City is not required to make a commitment;
the City is requested to integrate the numbers into an updated
Housing Element, and to adopt goals and policies that are
consistent with the numbers; the most that can be expected is a
good faith effort to meet the goals over the next six years;
Council should accept the goals in good faith and proceed with
planning, including efforts to house the City's current and future
workforce.
Mayor Appezzato stated the Planning Board approved the proposed
letter to ABAG; inquired whether the letter could include items
about tidelands; stated ABAG should be informed that fifty to
seventy percent of the [former] Base is tidelands and that the City
cannot put housing on tidelands.
The City Attorney responded in the affirmative.
Councilmember Kerr concurred with Mayor Appezzato's suggestion.
Mayor Appezzato stated the build out of Alameda should be stressed
also; housing can be built only on the northern waterfront and at
the [former] Base [Alameda Point].
Councilmember Kerr stated approximately 14,000 jobs were lost due
to Base closure; ABAG's numbers assigned to various cities are
based on job generation; both the loss of jobs and the inability
to proceed with proposed development(s) until transit solutions are
in place, should be stressed in the [proposed] letter to ABAG.
Mayor Appezzato stated the City can only develop to a certain level
without a new crossing; there are thousands of people not working
at the [former] Base and vacant houses, and questioned the
[suggested volume of] traffic.
Councilmember Johnson stated that Alameda recommended ABAG follow
its staff's recommendation to incorporate jobs and housing ratio(s)
into the factors, and give consideration to communities who had
lost large numbers of jobs due to Base closure; ABAG did not accept
the recommendation; Alameda is double hit: 1)the City is an
island, and 2) Alameda is creating new jobs to catch up to where it
Regular Meeting
Alameda City Council 4
August 15, 2000
was, as reflected by its housing requirement. Councilmember
Johnson further stated that Alameda needs to be represented on
ABAG's Executive Board.
Mayor Appezzato stated Council should recommend that either he
and /or Councilmember Johnson serve on the Executive Board.
The City Manager noted said recommendation.
Councilmember Kerr expressed support for Mayor Appezzato's
recommendation; commented through the Clayton Guyton Lawsuit,
Alameda found ABAG goals become Court Orders.
Vice Mayor Daysog stated that he is discouraged and angry about the
regional housing crisis; he is more discouraged and angry that ABAG
does not recognize the special challenges the City has right now,
particularly in regard to military base closure and the limited
number of egresses and ingresses; Alameda needs a fair share number
of housing units; questioned ABAG's methodology; stated Alameda is
trying hard to meet its housing requirements; Alameda needs a fair
number by which it can measure progress.
Mayor Appezzato stated the question is not affordable housing, but
process.
Councilmember DeWitt stated the ABAG plan projects a great deal
more development in Alameda; the City will not be able to build
out; if Alameda cannot make [ABAG's] numbers, it should not agree
to them; Alameda was sued [Clayton Guyton Lawsuit] for promises to
build housing; the City should not agree to ABAG's projection of
2,162 [dwelling] units.
Councilmember DeWitt moved approval of the staff recommendation and
[acceptance of the] comments pertaining to representation on the
ABAG Executive Board.
Councilmember Kerr seconded the motion.
Under discussion, Councilmember Kerr compared ABAG allocations for
the cities of Albany, San Leandro and Alameda, and stated there is
something seriously wrong with ABAG's numbers.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(00 -467) Ordinance No. 2843, "Amending the Alameda Municipal Code
by Adding Section 2 -64 (Leases of City Property to
Telecommunications Companies) to Article V (Administrative
Procedures and Policies) of Chapter II (Administration), Thereof,
Regular Meeting
Alameda City Council 5
August 15, 2000
Authorizing the City Manager to Execute Leases of City Property
with Telecommunications Companies for the Installation of
Telecommunications Equipment or Facilities on City Property in
Accordance with the Terms and Conditions Stated in this Ordinance."
Finally passed.
Len Grzanka, Alameda, stated the matter before Council is final
passage of an ordinance which has been substantially rewritten,
changed and added to, since the first passage [introduction of
ordinance]; if the Council takes action tonight, the extent of
changes made to the first ordinance should necessitate first
passage [introduction of ordinance]; that he objects to the
ordinance being finally passed because the ordinance is
considerably different from the original [introduced] ordinance.
Mr. Grzanka further stated [Section 3 -10 of the] City Charter
states "no real property of the City shall be leased for a period
in excess of one year or sold, except upon the affirmative vote of
four members of the Council "; when the Charter was adopted, the
voters required four votes and that leases scrutinized [by
Council]; the City Charter cannot be amended by an ordinance, the
voters must amend it; the ordinance before the City Council tonight
is not a lease, it is a delegation of authority to the City
Manager, which the Charter limits specifically to the City Council;
the City Charter states Council must pass leases by ordinance; the
City Manager is not authorized by the City Charter to negotiate or
sign leases, therefore the ordinance is illegal; the only way to
delegate the authority to the City Manager is by a voter - approved
Charter Amendment; suggested rather than trying to delegate the
authority through an ordinance, a measure be placed on the November
ballot authorizing a Charter revision allowing the City Manager to
negotiate leases; stated the City Council should not pass this
ordinance, which flies in the face of the City Charter.
Mayor Appezzato inquired of the City Attorney whether the changes
were minor and did not change the substance of [the ordinance].
The City Attorney responded in the affirmative; cited City of
Alameda Resolution No. 12567, Section 1(d); stated a full text of
an ordinance is not required until final passage; technically,
under that section an ordinance could be adopted without a motion
or a vote; staff does this with an abundance of caution, in order
to provide the citizens with the full text of an introduction [of
ordinance]; if staff did not have a document for Council at
introduction, staff could provide a document for final passage;
therefore, this ordinance is well within the parameters established
by Council's resolution.
Vice Mayor Daysog moved final passage of the ordinance.
Regular Meeting
Alameda City Council 6
August 15, 2000
Councilmember DeWitt seconded the motion.
Under discussion, Councilmember Kerr stated that the proposed
ordinance limits the construction of new structures to less than
200 square feet; inquired whether there was a limit on the amount
of land that could be leased.
Public Works Coordinator Rudloff
companies' equipment varies in
actually surrounds the site is
matches the site [size].
stated the public communications
size; normally, the land that
rented, so that building size
Councilmember Kerr stated the Public Works Coordinator's answer is
that there is no limit on the land.
The City Manager responded in the affirmative.
Councilmember Johnson stated that she had received a telephone call
from a Public Utilities Board Member who expressed concern in
regard to the matter of conflict; she had responded [to the PUB
Member] in the event of a conflict due to the City and AP &T
entering into or negotiating a lease, she would expect the matter
to be addressed by the City Council.
In response to Councilmember Johnson's comments, the City Attorney
stated Council could so direct [conflict be brought to the City
Council]; however, there was no legal conflict.
Councilmember Johnson stated a directive was not necessary,
however, there could be a possibility [conflict].
City Attorney Korade stated Council could provide a directive which
would be added to the ordinance: "ordinance will not apply to
leases involving the Public Utilities Board ".
Councilmember Johnson stated there was no need for a directive;
however, it should be made clear there is a possibility [of
conflict]; and, in that event, the matter could be brought before
the City Council.
The City Manager stated there is no conflict; however, to avoid any
appearance of conflict, staff could incorporate said directive into
the leases.
Mayor Appezzato stated that he was comfortable with authorizing the
City Manager to act.
Regular Meeting
Alameda City Council 7
August 15, 2000
Councilmember Johnson stated the ordinance does not change the
Council's ability to address said leases.
City Attorney Korade responded it was permissive for the City
Council to address said leases.
Councilmember Kerr requested the motion be amended to limit the
land area to 400 square feet.
The City Attorney stated the amendment could be added Section C,
New Structures: The lease shall limit the construction of any new
ancillary structure(s) to less than 200 square feet, and lease of
land to 400 square feet.
Councilmember DeWitt and Vice Mayor DeWitt accepted said amendment.
On the call for the question, the motion carried by unanimous voice
vote - 5.
Regular Meeting
Alameda City Council 8
August 15, 2000
ORAL COMMUNICATIONS, NON- AGENDA
(00 -468) Len Grzanka, Alameda, stated that he
a Point of Information; the Ordinance the City
[Agenda Item #5 -D] states: "The City Council of
hereby declares that it would have passed this
section, subsection, sentences, clauses and phr�
be invalid or unconstitutional;" through its
Ordinance declares itself to be invalid.
would like to raise
Council just passed
the City of Alameda
ordinance, and each
ases are declared to
own language, the
(00 -469) John Fee, Alameda, commented on business opportunities in
the City.
(00 -470) Bill Smith, Alameda, commented on housing in the City of
Alameda.
COUNCIL COMMUNICATIONS
(00 -471) Councilmember DeWitt requested a route map be printed on
the weekends of the Run for the Parks and the Art & Wine Festival;
stated there should be a notice in the newspaper prior to the
events next year.
(00 -472) Councilmember Johnson stated Doc Harrington Park does not
have lights; people hang out in the park after dark and there has
been vandalism; requested the City to review whether or not
lighting should be installed; stated staff should check whether
residents in the area favor lighting.
The City Manager stated there is a soccer field, restrooms, and
small area with play equipment; staff can review the matter and
work with the neighborhood.
(00 -473) Vice Mayor Daysog stated there are requests for a One -
Stop Permit Center; requested an Off Agenda Report on the status of
the One -Stop Permit Center, including when the Center might be
implemented; stated the Economic Development Commission is working
on the matter through the Business Retention Committee.
The City Manager stated staff has been working on said project for
about one year; an update will be provided.
(00 -474) Vice Mayor Daysog stated the City has materials to assist
residents with going through the permit process; inquired whether
materials could be compiled, including permit processing,
recycling, etc.; stated the handbook on how to work with City
government could be divided into substantive sections, e.g.
Regular Meeting
Alameda City Council 9
August 15, 2000
residential, recycling.
The City Manager inquired whether the purpose would be to provide
copies to the City Council or members of the community.
Vice Mayor Daysog responded the City Council could use it as a
reference, at first, and discuss future uses.
(00 -475) Vice Mayor Daysog requested all the local rules
regulating the sale of guns in the City of Alameda be provided to
the City Council.
The City Manager stated the City Attorney, Police Department and
Planning Department could put together said information.
(00 -476) Vice Mayor Daysog requested an update on the Housing
Forum.
The City Manager stated an Off Agenda Report would be provided in
the next thirty days.
(00 -477) Vice Mayor Daysog requested a status report on the
recycling program in Alameda, particularly issues regarding default
and non - payment of bills.
The City Manager stated an Off Agenda Report would be provided.
(00 -478) Councilmember Kerr requested an update on the City's
status with the U.S. Fish and Wildlife Refuge; stated there have
been extensive negotiations over a couple of years; inquired
whether an agreement was signed.
Mayor Appezzato suggested an Off Agenda Report be provided.
The City Manager stated the last issue in dispute was related to
off -site predator management control; an Off Agenda Report would be
provided.
(00 -479) Consideration of Mayor's nominations (3) for appointment
to the Economic Development Commission.
Mayor Appezzato nominated Douglas DeHann, Community -at -Large
incumbent; Frank Matarrese, Manufacturing /Industrial incumbent, and
Gail Wetzork for the Community -at -Large seat on the Economic
Development Commission.
Economic Development Manager note. City Attorney prepare
Resolutions of Appointment. Clerk notify nominees.
Regular Meeting
Alameda City Council 10
August 15, 2000
(00 -480) Consideration of Mayor's nominations (2) for appointment
to the Golf Commission.
Mayor Appezzato nominated incumbent Anthony J. Corica for
reappointment, and Sandre R. Swanson for appointment to the Golf
Commission.
ADJOURNMENT
There being no further business, Mayor Appezzato adjourned the
Regular Meeting at 9:41 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The Agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council 1 1
August 15, 2000