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1996-06-18 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL JUNE 18, 1996 The meeting convened at 8:00 p.m. with Mayor Appezzato presiding. Pastor Robert Broekema, First Christian Reform Church gave the invocation. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Mannix and Mayor Appezzato - 5. ABSENT: None. CONSENT CALENDAR President Appezzato announced that the following agenda items would be removed from the Consent Calendar for discussion: 4-B (96-328 ) [Report from Chief of Police regarding Police Services Agreement with Harsch Investment Corporation for South Shore Center]; 4-F (96-329) [Report from Public Works Director recommending award of Water Management Service Agreement to Aquatic Habitat Management Corporation for South Shore Lagoon Maintenance for the Fiscal Year ending June 30, 1997]; 4-H (96-330) [Report from Public Works Director recommending award of contract to Shimada Landscape, Inc. for Pruning Trees within the City of Alameda, for the Fiscal Year ending June 30, 1997, No. P.W. 04-96-07, in the Amount of $132,477.69]; 4-K (96-331) [Report from Community Development Director recommending approval of Housing Rehabilitation Program Guidelines and authorizing execution of Interest Subsidy Operating Agreement(s) and Agreement with Alameda County Lead Poisoning Prevention Program for Lead Based Paint Hazard Control Grant Funds]; 4-M (96-332) [Report from Community Development Director recommending allocation of Commercial Revitalization Funds for Fiscal Year 1996-97]; and 4-0 (96-333) [Resolution No. 12778 "Authorizing an Advance Under the Cooperation Agreement Between the City of Alameda and the Community Improvement Commission"]. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. 4-A. (*96-317) Minutes of the Regular and Special City Council Meetings of June 4, 1996. Approved. 4-E. See Paragraph (96-328). 4-C. (*96-318) Report from Public Works Director recommending award of contract to Rich Himenez Concrete for the Repair of Portland Cement Concrete Sidewalk, Concrete Sidewalk Grinding, Curb,. Gutter and Driveway for the Fiscal Year ending June 30, 1997, No. P.W. 04- 96-04, in the Amount of $142,082.50. Accepted. Minutes Regular Meeting Alameda City Council June 18, 1996 4-D. (*96-319) Report from Public Works Director recommending Council reject bids and authorize re-advertising for new bids for Minor Street Patching with Asphalt Concrete for the Fiscal Year ending June 30, 1997, No. P.W. 04-96-05. Accepted. 4-E. (*96-320) Report from Public Works Director recommending authorization to award Waste Reduction and Recycling Grants for Fiscal Year 1996-97 for five non-profit agencies. Accepted. 4-F. See Paragraph (96-329). 4-G. (*96-321) Report from Public Works Director recommending award of contract to Coast Landscape Management for Landscape Maintenance of Median Strips and Special Areas for the Fiscal Year ending June 30, 1997, No. P.W. 04-96-06, in the Amount of $64,961.96. Accepted. 4-H. See Paragraph (96-330). 4-1. (*96-322) Report from Public Works Director recommending approval of Memorandum of Understanding between City of Alameda, Public Works Department, and Alameda Unified School District for Maintenance of School District vehicles and equipment. Accepted. 4-J. (*96-323) Report from Community Development Director regarding West Alameda Target Area Activities. Accepted. 4-K. See Paragraph (96-331). 4-L.(*96-324) Report from Community Development Director regarding United Way funding losses and Community Development Block Grant Funds for youth activities. Accepted. 4-M. See Paragraph (96-332). 4-N. (*96-325) Resolution No. 12776 "Ordering Vacation of Power Easements Within Lot 111 and Lot 147 of Tract 6111 and Establishing New Power Easements Within Lot 111 and Lot 147 of Tract 6111." Adopted. 4-0. See Paragraph (96-333). 4-P. (*96-326) Resolution No. 12778 "Authorizing Submittal of Grant Applications for Fiscal Year 1996-97 Assembly Bill 434 60% Funds." Adopted. 4-Q. (*96-327) Bills for ratification. Ratified bills in the amount of $1,691,373.41. 4-B. (96-328) Report from Chief of Police*regarding Police Services Agreement with Harsch Investment Corporation for South Shore Center. Accepted. Minutes Regular Meeting Alameda City Council June 18, 1996 2 Neil Patrick Sweeney, Alameda, stated that City streets should be provided with video cameras for safety purposes. Councilman Arnerich stated that the cost for safety measures at South Shore Center should continue to rest with Harsch Investment Corporation in the future. Vice Mayor Mannix moved the staff recommendation that Council, by motion, (1) authorize the City Manager to negotiate and execute an agreement with Harsch Investment Corporation for specialized police services to South Shore Center, and (2) authorize the Chief of Police to hire one (1) additional sworn police officer. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5 4-F. (96-329) Report from Public Works Director recommending award of Water Management Service Agreement to Aquatic Habitat Management Corporation for South Shore Lagoon Maintenance for the Fiscal Year ending June 30, 1997. Accepted. Allen Derr, Alameda, thanked City staff for assistance with the lagoons. Councilman Arnerich moved acceptance of the staff recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. 4-H. (96-330) Report from Public Works Director recommending award of contract to Shimada Landscape, Inc. for Pruning Trees within the City of Alameda, for the Fiscal Year ending June 30, 1997, No. P.W. 04-96-07, in the Amount of $132,477.69. Accepted. Neil Patrick Sweeney, Alameda, reported that there was a tree at 2511 San Jose Avenue which appeared to be a danger. Vice Mayor Mannix moved acceptance of the staff recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. 4-K. (96-331) Report from Community Development Director recommending approval of Housing Rehabilitation Program Guidelines and authorizing execution of Interest Subsidy Operating Agreement(s) and Agreement with Alameda County Lead Poisoning Prevention Program for Lead Based Paint Hazard Control Grant Funds. Accepted. Angus MacDonald, Alameda, stated that he opposed the staff recommendation; that the average lead level in the population was dropping; and there was not much evidence to suggest that lead paint is a serious danger. Minutes Regular Meeting Alameda City Council June 18, 1996 3 Neil Patrick Sweeney, Alameda, stated that Council should support the Program. Councilman Arnerich stated that he serves on the Joint Powers Authority for lead management; and he invited Mr. MacDonald to attend one of the meetings to acquire statistical information. Councilmember Lucas stated that Mr. MacDonald's statements were correct; lead abatement was becoming a very prosperous industry; however, she would move acceptance of the staff's recommendation. Councilman Arnerich seconded the motion. Under discussion, President Appezzato requested the Community Development Director to report on the program's value. The Community Development Director stated that staff was pleased to be able to provide low- and moderate- income homeowners in Alameda, a method to borrow money secured by property. The motion carried by unanimous voice vote - 5. 4-M. (96-332) Report from Community Development Director recommending allocation of Commercial Revitalization Funds for Fiscal Year 1996-97. Accepted. Lynne Fitzsimmons, President, Park Street Business Association, stated that the Association wants to work closely with the City on the allocation of funds. President Appezzato stated that informal work sessions should be held long before issues are finalized, and the community well versed and part of negotiations. Councilmember DeWitt moved acceptance of the report and recommendation. Vice Mayor Mannix second the motion, which carried by unanimous voice vote - 5. 4-0. (96-333) Resolution No.12778 " Authorizing an Advance Under the Cooperation Agreement Between the City of Alameda and the Community Improvement Commission." Adopted. President Appezzato stated that he removed this item from the Consent Calendar; the reason for its removal was the $624,000 which was discussed earlier at the Community Improvement Commission Meeting. Vice Mayor Mannix moved adoption of the Resolution. Councilman Arnerich second the motion, which carried by unanimous voice vote - 5. Minutes Regular Meeting Alameda City Council June 18, 1996 4 REGULAR AGENDA ITEMS 5 -A. (96 -334) Resolution No. 12779 "Reappointing Bonnie B. Conner as a Member of the City Library Board." Adopted. Councilmember Lucas moved adoption of the Resolution. The motion was seconded by Council consensus, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office. 5 -B. (96 -335) Resolution No. 12780 "Reappointing Lee Harris as a Member of the City Planning Board." Adopted. Councilman Arnerich 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. 5 -C. (96 -336) Resolution No. 12781 "Resolution Reappointing Kenneth G. Hansen as a Member of the City Public Utilities Board." Adopted. Vice Mayor Mannix moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5 [Note: Mr. Hansen was not available to take the Oath of Office.] 5 -D. (96 -337) Resolution No. 12782 "Supporting Mayoral Proclamation Recognizing Contributions of Members of the Gay and Lesbian Community." Adopted. The following persons spoke in support of the Resolution: Lori Elkins, Alameda Allan Shore, Alameda, Member, Out On The Island Group [OOTI] Wil Garfinkle, Alameda Doug Biggs, Alameda Mary Johnsen, Supporting Member, OOTI Harvey Rosenthal, Alameda Mark Winsor, Alameda Christine Allen, Alameda, Member, OOTI Neil Patrick Sweeney, Alameda Gary Alves, Alameda, Member, OOTI Jerry Vargas, Alameda Lois Workman, Alameda, President of the City's Social Service Human Relations Board Member Harry Hartman, Alameda Morten Wellhaven, Alameda, GI Joes representative. Anthony Daysog, Alameda Minutes Regular Meeting Alameda City Council June 18, 1996 5 Karen Morgan, Alameda Michael Yoshii, Alameda Steve Suderman-Talco, Alameda Monetha Hatcher, Alameda. The following persons spoke in opposition to the Resolution: Len Gazanka, Alameda Angus MacDonald, Alameda Shirley Cummins, Alameda, Concerned Women For America. *** Councilmember Lucas stated that she had requested the Resolution; that an injustice was done when the proclamation was not issued last year; there is no room for discrimination or intolerance; she thanked members of the Out On The Island Organization for their educational work over the last year; she stated that gays and lesbians need recognition for the many contributions to the community; and she moved adoption of the Resolution. Vice Mayor Mannix stated that he concurred with Councilmember Lucas's comment that there is no room in Alameda for discrimination or intolerance; last year's position [on the proclamation] was not one of discrimination or intolerance--it was one of disagreement on principle; he honors anyone's contributions to the City; he recognizes that the gay and lesbian community are his neighbors, physicians, etcetera; however, he does not agree with the motion [to adopt the Resolution] Council should not deal with issues that the community at large must wrestle with in their own minds, homes and churches; he will not second Lucas's motion for the following reasons: 1) Resolution is redundant; Mayor issued a proclamation--a good proclamation--which recognized the group's contribution to the community; 2) he does not want to set a precedent that every time the Mayor issues a proclamation, it is brought back to the City Council for full affirmation; and 3) Resolution is a very thinly veiled piece of political gamesmanship to bring the issue full circle to last year; and he will stand by his position. Councilman Arnerich stated that he does not have any problem with the gay and lesbian community; the Minister, who delivered the invocation, stated ". . .this is a democracy, we are free to choose what we think, and what we want to say. . . ."; that he [Arnerich] cannot, and will not, back down from his call; he will not support the proclamation [resolution] because he believes it is a subterfuge to bring the matter back in a different light, for endorsement, in another year; the gay and lesbian community has a right to be proud of many things, however, he does not believe the proclamation was necessary. Councilmember DeWitt stated that the gay and lesbian community has recognized this year the reason and purpose for proclamations--the minutes Regular Meeting Alameda City Council June 18, 1996 6 acknowledgement of achievements and contributions; the gay and lesbian community has fulfilled such a purpose; the proclamation, as written, recognizes contributions and achievements by the gay and lesbian community; he will support the proclamation. issued by the Mayor, which recognizes contributions by members of the community; and he seconded Councilmember Lucas's motion to adopt the Resolution. Under discussion, President Appezzato stated that he was comfortable with issuing the proclamation two weeks ago, and that it was the right thing to do. On the call for the question, the motion to adopt the Resolution carried by the following voice vote: Ayes: Councilmembers DeWitt, Lucas and President Appezzato - 3. Noes: Councilman Arnerich and Vice Mayor Mannix - 2. Abstentions: - None. Absent - None. * * * Council recessed at 9:25 p.m. and reconvened at 9:35 p.m. * * * 5-E. (96-338) Public Hearing to consider Zoning Amendment 96-2, City of Alameda; and Introduction of Ordinance Amending the Alameda Municipal Code by Amending Section 30-2 (Definitions) of Section 30-1 (Zoning Plan), Article I (Zoning Districts and Regulations); Section 30-4 (District Uses and Regulations); and Section 30-21 (Variances, Use Permits: Procedure); of Chapter XXX (Development Regulations) Thereof, to Allow Hazardous Materials Processing Facilities by Conditional Use Permit in the M-2 (General Industrial Manufacturing) District, for Consistency with the Alameda County Hazardous Waste Management Plan. Introduced. President Appezzato opened the public portion of the hearing. There being no speakers, the public portion of the hearing was closed. Councilmember Lucas moved introduction of the Ordinance. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. 5-F. (96-339) Public Hearing to consider Resolution No. 12783 "Adopting Negative Declaration, IS 96-04, For Installation of Improvements Within the Existing Tilden Way Right-Of-Way from Park Street to the Alameda City Limits and Across the Miller-Sweeney (Fruitvale) Bridge to Alameda Avenue in Oakland." Adopted. Minutes Regular Meeting Alameda City Council June 18, 1996 7 President Appezzato opened the public portion of the hearing. There being no speakers, the public portion of the hearing was closed. Councilman Arnerich stated that the improvements were discussed at a recent Budget Workshop, and he supported the Resolution. Councilmember Lucas moved adoption of the Resolution. Vice Mayor Mannix seconded the motion. Under discussion, President Appezzato stated that installation of improvements should not occur during the Park Street Bridge Project. The motion to adopt the Resolution carried by, unanimous voice vote - 5. 5-G. (96-340) Resolution No. 12784 "Approving and Adopting the Operating Budget and Capital Improvements for Fiscal Years 1996-98, and Appropriating Certain Moneys for the 1996-97 Fiscal Year and Amending the Alameda Management and Confidential Employees Association (A.M.C.E.A.) Salary Resolution by Establishing the Salary for the Position of Assistant Golf Professional." Adopted. Bruce Reeves, President, Alameda Historical Museum, stated that the Museum was requesting support for payment of the rent at the Masonic Hall for another year. Barbara Kerr, Alameda, stated that she hoped the City Council would recognize the needs of all fine cultural organizations in Alameda when it comes to funding; and she wondered if it was feasible to include a voluntary contribution to Alameda's cultural organizations on property tax bills. In response to Councilmember Lucas's inquiry regarding the March, 1996 Measure C, as it related to funding and the Museum, Barbara Kerr stated that one reason for its defeat was the amount of money that would have been put into a building for a private organization [Historical Museum]. In response to Councilmember DeWitt's inquiry, the City Manager stated that voluntary contributions on property tax bills could be arranged, however, the benefits and costs should be weighed; and that the Bureau of Electricity bills would be considered also. Susan McCormack, Alameda, owner of the Webster House, read a letter from the California Preservation Foundation which encouraged the City to provide the McCormacks with funding for repairs; she stated that there was no State funding available; and that a loan from the City would be helpful. Minutes Regular Meeting Alameda City Ccuncil June 18, 1996 8 1 7 7 Don Roberts, Alameda, stated that it was not appropriate for the City to fund the Alameda Historical Museum, a civic light opera or Alameda Race Violence Task Force. Fred Chacon, Alameda Civic Light Opera Organization, stated that the primary goal was to produce a professional quality summer musical theater festival of three productions between July and September; that the Kofman Auditorium would be used beginning in 1997; benefits would be numerous; and a one-time grant of $25,000 was being requested. John Rosa, Alameda, stated that a civic light opera would be well supported. Carl Halpern, Alameda, stated that Alamedans for a New Library [AFNL], support the City Manager's proposed recommendation to expand library hours at the branch libraries and the Main Library; Alamedans want expanded hours at all of the City libraries; Alamedans for a New Library believe current library facilities are inadequate; and AFNL urges the City Council to pass the Library Department budget. Nancy Gordon, Alameda Gift of Love Concert, stated that it was important for the City to fully endorse the civic light opera project; Fred Chacon was mindful of budgeting and inspires people to contribute to the community; and that the City Council's support was important. Robbie Dileo, Immediate Past President, Alameda Historical Museum, requested Council to approve the Museum's request and preserve Alameda's unique history. Mimi Stuart, Alameda Artist, stated that the Museum would be sponsoring the Wall of Legends Art Show and Legends of Our Time Book Fair later this year; and she hoped Council would keep the Museum open. James Thomson, Alameda, requested Council to support the civic light opera project. In response to Councilman Arnerich's inquiry, Mr.Thomson stated that the Alameda Civic Light Opera Organization would accept a $25,000 loan. Carol Gottstein, Board of Directors, Alameda Historical Museum, stated that small town museums need help to stay afloat, and the Council should join other cities in preserving history. Minutes Regular Meeting Alameda City Council June 18, 1996 9 Reverend Betty Williams, Alameda Race Violence Task Force, stated that the Task Force should be included in the City's budget; certain needs were not being met; and minorities were not being served. Councilmember Lucas stated that the Community Development Director should evaluate the Alameda Race Violence Task Force's proposal. Don Sherratt, Alameda, stated that he fully supported the civic light opera project; a civic light opera would fill a need in the community for both the young and old; civic light opera would be a wonderful use of the Kofman Auditorium; and that the Project needed seed money. Councilmember DeWitt stated that he would vote in favor of adding the Alameda Historical Museum to the budget; that the Civic Light Opera Organization was outstanding, however, he questioned the legality of the City funding such a project; he supported the Webster House, but questioned the legality of the City funding its improvements; and the Alameda Race Violence Task Force appeared to be an organization that could be eligible for Community Development Block Grant funds. Councilmember Lucas stated that if the Alameda Historical Museum continues, Alameda may have four museums: Alameda Historical Museum, Meyers House, Alameda Naval Air Station Museum, and the Hornet; Alameda Naval Air Museum has large facilities which the Alameda Historical Museum refused; City's budget is limited; voters do not want additional taxes; and if Council provides funding for the Alameda Historical Museum, City should open the bidding process. Councilmember Lucas further stated that a civic light opera would be an advantage to the civic center area and Park Street Business District, and that she supported the request for funding. Councilmember Lucas stated that the McCormacks' request for funding for the Webster House would require going out to bid, in order to include other owners of historic properties. Councilmember Lucas stated that the Alameda Race Violence Task Force proposal should be evaluated by the Community Development Department. Vice Mayor Mannix stated that an organization [Alameda Historical Museum] which preserved the City's cultural heritage should continue; that he favored 1) a rent subsidy for the Historical Museum on a first-year basis, 2) an evaluation after one year on: a) movement towards becoming self-sufficient, and b) diminishment of impact of future rent, and 3) an audit of City funding. Minutes Regular Meeting Alameda City Council June 18, 1996 10 Vice Mayor Mannix stated that a civic light opera was a worthy project with great potential for the City and Park Street; that a business plan which includes management structure and controls, and the types of community sponsorships, should be provided to Council; and that Councilman Arnerich's idea of a loan was good. Vice Mayor Mannix further stated that the Webster House is a private commercial operation; he has concern that if the City funded the renovations it would be setting a precedent; however, the City should continue to provide support to the McCormacks; Community Development Department should be contacted on the matter; and he cannot support a loan. Vice Mayor Mannix further stated that the Alameda Race Violence Task Force proposal should be directed to the Community Development Department for consideration and possible inclusion in next year's budget. Councilman Arnerich stated that the Alameda Historical Museum was necessary for the cultural aspects of the community; that he concurred with Councilmember Lucas regarding proliferation of museums; and that he recommended $30,000 for the Museum. Councilman Arnerich further stated that the Alameda Civic Light Opera Organization should be provided with a $25,000 loan, without interest; and that the loan should be repaid within five years. Councilman Arnerich stated that the Webster House is a private institution, and the City should help the McCormacks obtain grant or State funding. Councilman Arnerich stated that the Alameda Race Violence Task Force proposal should be referred to the Community Development Department. President Appezzato stated that the Hornet Foundation would hold the City harmless and that no City funding has been provided to date; Naval Museum has not received funding; that the Meyers House was a foundation; that the only funding request from museums was the Alameda Historical Museum; and that he supports funding $38,000 for the Museum. President Appezzato stated that the Alameda Civic Light Opera Organization should provide a more expansive business plan; that a City loan could possibly be explored; and that Council should address the issue at a later date. President Appezzato further stated that he agreed with the other Councilmembers' position on the Webster House, and with Councilmember Lucas's suggestion regarding the Alameda Race Violence Task Force's request. minutes Regular Meeting Alameda City Council June 18, 1996 11 In response to Councilman Arnerich's inquiry, Bruce Reeves, Alameda Historical Museum, stated that the Museum would accept $30,000 as an alternative, however, prefers full amount of request. Alameda Historical Museum Councilman Arnerich moved that $30,000 be allotted to the Alameda Historical Museum. Councilmember Lucas seconded the motion, which FAILED by the following voice vote: Ayes: Councilman Arnerich and Councilmember Lucas - 2. Noes: Councilmembers DeWitt, Mannix and President Appezzato - 3. Absent: None. Abstentions: None. Vice Mayor Mannix moved that the Alameda Historical Museum be provided $38,400 on a one-year basis, subject to examination at the end of the year on steps taken towards self-sufficiency and a subsidy audit. Councilmember DeWitt seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Mannix and President Appezzato - 4. Noes: Councilmember Lucas - 1. Absent: None. Abstentions: None. Alameda Civic Light Opera Councilmember Lucas moved that Council grant a five-year loan, without interest, for $25,000 to the Alameda Civic Light Opera. Vice Mayor Mannix seconded the motion. In response to President Appezzato, Councilmember Lucas stated that the loan is contingent upon a budget and plan which meets the City Attorney's requirements. In response to Councilmember DeWitt's inquiry regarding the legality of City funds going towards civic light opera, the City Attorney stated that an Alameda civic light opera could be found to have a public purpose. On the call for the question, the motion carried by unanimous voice vote - 5. The Webster House Councilman Arnerich moved denial of funding request for $27,200 and that staff work with owners on grant and/or State funding. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. Minutes Regular Meeting Alameda City Ccuncil June 18, 1996 12 Alameda Race Violence Task Force Councilman Arnerich moved denial of $60,000 funding request, and that the Community Development Department review proposal and possible funding. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. President Appezzato stated that he does not agree with taking monies from the Transportation Imprbvement Fund [for purposes other than intended for]; he hopes that there are no plans to take additional monies from the Golf Course Enterprise Fund to pay for other cities' projects or projects for which money should come from elsewhere; when City purchased 10 acres of land [Harbor Bay Isle], it also assumed an Assessment District of $1.6 million; he presumes when property is sold, it will be for close to $4 million and include the Assessment District; and he inquired which City departments were charged Assessment District funds and impacted. The City Manager responded that none of the departments are paying for that Assessment; however, if property is kept any longer, it would be an impact. In response to President Appezzato, the Finance Director stated that the General Fund advances money to various community improvement projects; in the past, money was advanced before projects were accomplished; that over $2 million have accumulated between two projects; and that the auditors have suggested those funds be used first before any additional advances. President Appezzato stated that the City has loaned out all of $1.8 million dollars in the General Fund Reserves; initially, the City was going to give $1 million to the County from the General Fund-- cash--to pay for maintenance of the estuary bridges; now monies will come out of the Transportation Improvement Fund [TIF]; it is of concern to him that under $1 million would have been in the General Fund Reserve; initially that transfer of General Funds was called a loan, and he took issue with that; that the City is going to take $525,000 for last year, and $525,000 for this year, and send it to Alameda County to pay for the maintenance of bridges, which was, and is, the County's responsibility; he questioned whether the County would come back next year for another $525,000; if monies are coming out of the Transportation Improvement Fund, TIF projects will be delayed; he does not support the transfer of $1 million from the City to the County; County will transfer back $700,000 to the Alameda County Transportation Authority, which he hopes will be applied to the Cross Airport Roadway; then there will be credits of $60,000 per year for five years; and that the City is setting a bad precedent by paying that money to the County. Minutes Regular Meeting Alameda City Council June 18, 1996 13 In response to President Appezzato, the City Manager explained certain aspects of the costs for a soccer field at the Navy Base. President Appezzato complimented the City staff and the Police Department on the Code Enforcement Program. President Appezzato stated that if the ferry service is going to be continued on Bay Farm Island, plans should begin now on the operation and maintenance of the ferry boat; and that he wants a settlement on the ferry bought by the City. Vice Mayor Mannix stated that President Appezzato's comments on protecting General Fund Reserves are very well taken; however, it is important that the remainder of the Council, who saw the estuary bridges issue as opportunity to provide breathing room to County, were astute enough to direct that those funds not be taken from the General Reserve Fund, but to utilize the Transportation Improvement Fund; and that the Agreement with the County contains a provision that states it is non-precedent setting. Vice Mayor Mannix moved acceptance of the staff recommendation to adopt Resolution No. 12784, approving the operating budget, capital improvements and a salary resolution amendment. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 5-H. (96-341) Report from City Manager regarding the 1996-1997 Out- Of-Town Travel. Approved. Don Roberts, Alameda, stated that would be more reasonable to send one City staff member and one City board member to out-of-county conferences; that his understanding of the Brown Act was that trips outside of the County should be avoided; and when committee quorums attend private conferences, members of the general public were allowed to pay to attend those conferences. The City Attorney stated that attendance of any boards and commissions would be carefully monitored by the City Attorney's Office for full compliance with the Brown Act; any committee could go out of town to attend a conference; the restrictions on working within the County or City jurisdiction pertains to meetings under the 1994 amendments to the Brown Act; and that when committee members attend a conference, it must be a public conference. Councilmember Lucas moved acceptance of the report. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Minutes Regular Meeting Alameda City Council June 18, 1996 14 5-1. (96-342) Public Hearing to consider Resolution No. 12785 "to Establish Appropriations Limits for Fiscal Year 1996-97." Adopted. Vice Mayor Mannix moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by a unanimous voice vote - 5. 5-J. (96-343) Report from Public Works Director on five proposals received to provide residential recycling and green waste collection services in Alameda, and request for authorization to proceed with in-depth interviews with the two best Proposers. Accepted. Don Roberts, Alameda, stated that the following items were not included in the Request for Proposals: 1) multi-family townhouse and apartment choice between individual containers or a mass container; 2) provision for missed Friday pick-ups; 3) provision concerning fee waivers for pick-ups in backyards for frail or elderly customers; and 4) a telephone number and/or answering service on weekends for customers to leave messages or complaints. Mr. Roberts further stated that he was astonished at the huge increase in cost--over 400%; and questioned whether yard waste -- green waste -- was a voluntary or mandatory activity on the part of multi-units. The City Manager stated that the City's intent was to negotiate certain items, and Council should select two companies this evening. Paul Rottenberg, California Waste Solutions, Oakland, reviewed CWS's bid, e.g. free Saturday service, excessive revenue associated with collection of green waste would net back to the City, cart- based curbside recycling, and profit sharing for revenues from the sale of recyclable commodities. The City Manager stated that the CWS's proposal was based upon a cost for 11,250 tons of green waste; other companies were looking at approximately 5,000 tons; City believes the tonnage to be 5,000 to 6,000 tons; and perhaps City could get CWS to lower figure at a later point in time. President Appezzato stated that he would be happy to look at CWS's additional information, and everyone has the right of appeal. John Rosa, representing Alameda Boy Scouts Troop 11, discussed the Boy Scouts' annual Holiday Tree Recycling Fund-raisers, and requested Council to consider allowing the continuation of the program. Minutes Regular Meeting Alameda City Council June 18, 1996 15 Angus MacDonald, Alameda, stated that standard containers should be reduced to 20-gallon cans; yard waste should be converted into compost by residents; and that charges should be per residential dwelling unit. Teri Chalmers, Alameda, San Leandro Recycling, stated that SLR was the low bidder; SLR hopes Council will approve the staff's recommendation; and discussed SLR's services. Neil Cutler, Pacific Rim Recycling, Benicia, stated that additional analysis of the bids should to be done; there is a 300%. difference in prices; may be possible companies were bidding on different number of tons of material and levels of service; and providing copies of proposals to each bidder would be appreciated. Pat Colburn, Alameda, stated that she served on the Steering Committee for Measure D; attended City of Alameda Recycling Board Meetings in the past; hopes the Council will reject the report as too many questions are left unanswered. Ruth Abbe, Alameda, stated she was speaking as a citizen of Alameda; she serves on the Alameda County Recycling Board, a sister agency to the Alameda County Waste Management Authority; Authority is responsible for implementation of Measure D; prices are competitive and services provided will be extraordinary, however, she seeks a motion from the Council to not move forward with the staff recommendation; report is internally inconsistent; the lowest bidder offers fewer kinds of materials for pick up at the curb; Council should request City staff to reevaluate proposals and interview each of the five proposers; and not all bidders were familiar with County Measure D requirements. The City Manager stated that Alameda would not be eligible for Measure D funding if not in compliance; that Measure D requirements should have been included in the Proposal; and the matter should be held over for two Council Meetings. * * * Councilman Arnerich moved that the Council Meeting be continued past 12 midnight. Vice Mayor Mannix seconded the motion. * * * Councilman Arnerich stated that the City has to start watching out for the people; citizens put out recyclables and recycling companies make money on them; all five recycling companies should go through the bidding process again. Minutes Regular Meeting Alameda City Council June 18, 1996 16 President Appezzato stated that he concurred with Councilman Arnerich; issue was important; contract will be long term; and City wants to be fair and choose the right company. * * * On the call for the question continuing the meeting past 12 a.m., the motion carried by unanimous voice vote - 5. * * * Doug Linney, co-founder of Garbage Without Guilt, and former Chair of the Recycling Committee, commended the City Council for holding the matter over; and requested Council to consider the questions: what is the state of the art of recycling, and which is the best company? Which is the best option to meet the 50-96 goal? Shawna Holmes, Browning Ferris Industries, stated that BFI did notice inaccuracies, and applauds Council's decision to hold the matter over. Debbie Jeffery, Waste Management of Alameda County, stated that she would hold her comments until the next meeting on the matter. Barbara Kerr, Alameda, stated that apartment buildings have only one yard, and that Mr. Angus MacDonald's concept that the charges should be a dwelling unit tax would not reflect usage at all. Councilmember Lucas moved the matter be held over. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. 5-K. (96-344) Ordinance No. 2725 "Final Passage 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." Finally adopted. 5-L. (96-345) Ordinance No. 2726 "Final Passage of Ordinance Approving and Authorizing Execution of Tidelands Lease Between Pacific Shops, Inc. and the City of Alameda." (Requires four affirmative votes). Finally adopted. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) None. Minutes Regular Meeting Alameda City Council June 18, 1996 17 COUNCIL COMMUNICATIONS 7-A. (96-346) Consideration of Mayor's nomination for appointment to the Social Service Human Relations Board. Nominated. Mayor Appezzato nominated incumbent Judy Tam for reappointment. 7-B. (96-347) Councilmember Lucas requested that consideration of acquiring the Bridgeport Apartments. for ownership units for low and moderate income residents be agendized as quickly as possible. 7-C. (96-348) Councilmember Lucas stated the Police Department Dispatchers should be educated on who citizens can contact regarding certain complaints and citations, e.g. cars parked on front lawns. 7-D. (96-349) Councilman Arnerich stated that he believes there is an ordinance regarding boats parked on City streets for three-, four- or five weeks; and that such situations occur on Encinal Avenue and Fernside Blvd. ADJOURNMENT (96-350) Mayor Appezzato adjourned the meeting at 12:12 a.m. *** Respectfully submitted, ANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes Regular Meeting Alameda City Council June 18, 1996 18