Loading...
1994-03-01 Regular CC MinutesMINUTES OF REGULAR MEETING OF ALAMEDA CITY COUNCIL MARCH 1, 1994 The Meeting was convened at 7:40 p.m., (following the Community Improvement Commission Special Meeting) with President Withrow presiding. The Pledge of Allegiance was led by Vice Mayor Roth. Reverend Michael Furlong, Calvary Christian Center, gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. Absent: None. ANNOUNCEMENTS OF CLOSED SESSION ACTIONS 94-099 Mayor Withrow announced that, at the Special City Council Meeting held at 6:30 p.m., Council adjourned to Closed Session to consider: Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Council gave instructions to City's Negotiator, no action was taken; and Initiation of Litigation, [2 cases] pursuant to Subsection (c) of Government Code Section 54956.9 of the Brown Act: no action was taken; and At 7:05 p.m., Council adjourned to Closed Session to consider: Significant Exposure to Litigation, pursuant to Subsection (b) of Government Code Section 54956.9 of the Brown Act: no action was taken. CONSENT CALENDAR Mayor Withrow announced the following items were pulled from the Consent Calendar for discussion: at the request of Councilman Arnerich, Minutes (94-106); Vice Mayor Roth, report concerning Community Policing (94-107); and Gerhard Degemann and Councilman Arnerich, (94-108) Emergency Disaster Preparedness Report. Vice Mayor Roth moved acceptance of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. *94-100 Report from Public Works Director recommending Authorization of City Engineer to Execute Extra Work Order No. 3 for the Construction of New Tie Rod System at the Mariner Square Minutes of Regular Meeting, Alameda City Council March 1, 1994 Bulkhead Repair Project, No. P.W. 5-93-10. Accepted. *94-101 Report from Public Works Director recommending Authorization to Enter Into an Agreement for Architectural Services with Bull Stockwell Allen & Ripley for Seismic and Americans with Disabilities Act (ADA) Upgrades and a Site Feasibility Study for the Carnegie Library. Accepted. *94-102 Report from Public Works Director recommending Authorization to Enter Into an Agreement for Architectural Services with HGHB for the Design of a New Clubhouse and Driving Range Improvements at the Chuck Corica Golf Course. Accepted. *94-103 Report from Finance Director transmitting Quarterly Sales Tax Report for period ending December 31, 1993, for Sales Transactions in the Third Calendar Quarter. Accepted. *94-104 Resolution No. 12501 "Amending Resolution Number 12121 Pertaining to Changing the Title of Agenda Item 'New and Unfinished Business' to 'Council Communications." Adopted. (Vice Mayor Roth) *94-105 Resolution No. 12502 "Endorsing a City and County Regional Fire Service Delivery Study." Adopted. 94-106 Minutes of the Regular Council Meeting of February 15, 1994, and the Special Meetings of February 15, and February 17, 1994. Councilman Arnerich stated he would like to tighten up the phrasing in the second line of Paragraph 94-085 of the February 15, 1994, Regular Council Meeting Minutes; the matter concerns the work to be done at Krusi Park with a one-year time limit to be enforced; and that he wants "liquidated damages" added to the line. Council concurred. Councilman Arnerich moved approval of the minutes. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. 94-107 Status Report from Acting Chief of Police concerning Community Policing. (Vice Mayor Roth) At the request of Vice Mayor Roth, the Acting Police Chief reviewed pilot projects detailed in his report; and noted the long-term commitment necessary. Vice Mayor Roth moved acceptance. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 94-108 Report from Fire Chief concerning Emergency Disaster Minutes of Regular Meeting, Alameda City Council March 1, 1994 Preparedness. (Councilman Arnerich) Gerhard Degemann, Alameda, stated that he would like staff to explain how well prepared the City is in the event of a major emergency. Councilman Arnerich stated he would like Alameda to be a model city in emergency disaster preparedness, and that the CARE Booklet should be well publicized, e.g. Bureau of Electricity's Electric Flash publication. The Fire Chief reviewed the City's progress and goals in emergency disaster preparedness. Councilman Arnerich moved acceptance. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. *94-109 Bills, certified by the City Manager to be true and correct were ratified in the sum of $3,230,831.88. AGENDA ITEMS Actions Related to Base Conversion Process. 94-110 Status Briefing on Base Conversion Process. Neil P. Sweeney, Alameda, reviewed his past concerns regarding conversion; and discussed certain transportation options, e.g., Southern Crossing. Project Manager Don Parker reported on the status of the Conversion budget, Reuse Authority, and federal screening process. Council and Project Manager discussed federal funding, including legal constraints. Councilmember Appezzato noted the budget process will begin again on November 1, 1994, this year; and inquired how the Project Manager envisions what will happen next year. The Project Manager responded that a major area of consultant work would be entered and require a larger funding request to OEA; they have recognized a need for the City to employ a consultant team to help us [the Conversion Office] to assist the City and the BRAG process for the interim use plan and the final reuse plan. Responding to Councilmember Lucas, the Project Manager stated the work of consultants and the Base Conversion Office will be reimbursed, but not for City staff time; staff time is treated as the matching grant portion OEA requires; OEA's position is that it will not recognize City staff's work as there are legal restrictions from doing so; Paul Dempsey was requested to continue Minutes of Regular Meeting, Alameda City Council March 1, 1994 to consider this, and perhaps he will in future budget application. President Withrow commented that the Department of Defense [DOD] and OEA are restricted by various laws in dispensing funds to a local governmental entity; and a more distinct division can be portrayed and justified, when a consultant is paid rather than a contribution to local government. Councilmember Lucas stated she is not sure the City's interest can be presented as well from outside people as from City staff. President Withrow stated that point has been argued for a number of months; however, the difficulty has to do with legal constraints. Vice Mayor Roth stated he also has argued the point; they [OEA] agree having staff do the work is better; if additional staff is hired to work strictly on base conversion they have no problem; however, they cannot deal with City employees splitting their time between the City and Base issues; they will work on it. President Withrow commented that, in Washington, [D.C.], Paul Dempsey, OEA, has stated every City has had this problem and challenged it, and have used mechanisms to go around it, e.g., discharged employees and put them on as consultants; bringing out the issues is a good thing because this is a problem of all cities. Councilmember Lucas stated that, also important, is informing the public that this is occurring because Council is criticized for hiring consultants, and at this point, there is no option. 94-111 Report from the President, Social Service Human Relations Board (SSHRB), Regarding Board Resolution Protesting the Mistreatment of Immigrants. Lois Workman, President, SSHRB, read Board's resolution which urges all civil and human rights be accorded to immigrants; and invited Councilmembers to program on March 24th in City Hall, for more detail on immigration issues. Lisa Knight, Member, SSHRB, addressed the issue of economic impact and immigrants; and requested Council support the SSHRB resolution protesting mistreatment of immigrants. Rafael Ebron, Youth Representative, SSHRB, addressed Council in support of resolution; and provided information on assimilation of immigrants, and revenue generated by immigrant-owned businesses. Councilmember Lucas commended SSHRB, stated the resolution is appropriate; and noted she is an immigrant. Councilmember Appezzato stated he empathizes with the SSHRB; his Minutes of Regular Meeting, Alameda City Council March 1, 1994 father immigrated to this country, and he understands fully. Councilman Arnerich stated his mother and father immigrated from Yugoslavia, learned the language, worked hard and reared a family to be good citizens; and as long as we are caring people with resolutions like the one provided, we should move forward. Councilmember Lucas moved support of the resolution. Councilman Arnerich seconded the motion. Vice Mayor Roth inquired if the resolution will be sent to State and Federal representatives. Councilman Arnerich suggested the motion include that staff work with the SSHRB in transmitting resolution to appropriate agencies; and Councilmember Lucas agreed. The motion carried by unanimous voice vote - 5. 94-112 Report from General Manager, Bureau of Electricity, on the status of Natural Gas Municipalization Studies. (Councilmember Lucas) Councilmember Lucas stated she requested item be agendized because of publicity PG&E's [Pacific Gas & Electric's] position received in the media, and wants the public to know why Council is looking into possible acquisition of the gas lines. The Assistant General Manager, Business and Finance, Bureau of Electricity, reviewed report; commented on study by consultant, and noted a vote of the people would be required for gas municipalization. Clyde Serda, Alameda, stated he is against gas municipalization because, if a major earthquake occurs, breaks in the gas system would occur and be a drain on City revenue and manpower, whereas PG&E has manpower ability to draw from other regions. Diane Coler-Dark, Alameda, stated most persons she has talked to about the matter question why the City does not look into selling the Bureau of Electricity, considering the closing of the Naval Air Station; she doubts the City can obtain the necessary vote to municipalize and hopes staff time will not be wasted, nor further hiring of consultants for this issue be made. Robert DeCelle, Alameda, stated the City will not receive the needed votes; and PG&E will take an eminent-domain matter to court, impacting the City budget. Councilmember Lucas moved acceptance of the report. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. Minutes of Regular Meeting, Alameda City Council March 1, 1994 * * * Council recessed and reconvened at 8:55 p.m. * * * 94-113 Report from Public Works Director recommending Award of Contract to Blue and Gold Fleet for Alameda/Oakland Ferry Services Commencing May 1994. Stephen Brimhall, President, Harbor Bay Maritime, stated both bidders are good service providers; suggested Council throw out bids and start over because of bid criteria; 90% weight based upon being low bidder is usually given, however 10% was given; no benefit exists to go below $500,000, if $400,000 were bid, the bid would still not be won; requested Council rethink criteria, put bid out without a floor, and taxpayers money would be saved; noted Harbor Bay Maritime is a local service, and a large taxpayer. The following residents of Alameda spoke in favor of awarding the contract to Blue & Gold Fleet: Red Wetherill Karin Weiser Andeme K. Smith Dr. Sophia Serda Clyde Serda John Thelen Kelly Flippo Sandy Roerden Graham Claytor Don Roberts Jill B. Keene Jerry S. Boughton Jackie Fielding Julie Helen Clerk Michelle Montgomery Lisa Pate Councilmember Appezzato moved the award of contract to Blue & Gold Fleet. Councilman Arnerich seconded the motion. Vice Mayor Roth stated he does not have a problem with Blue & Gold Service; perhaps people are not aware the City has provided two boats for both services; residents will be riding on a different ferry when the contract becomes effective; taxpayers subsidize the ferry service by $725,000; cited items in the bid criteria and commented the proposal is tailored to keep existing service; as taxpayers are paying for service, he thinks they need a fairer shake. In response to Councilmember Lucas's inquiry, the Public Works Director stated the intent was to provide a scoring system that would provide the City with a good, positive service; the goal was Minutes of Regular Meeting, Alameda City Council March 1, 1994 for a balanced package that would bring the subsidy down to a reasonable amount and still provide a good service, and amenities to build ridership. Councilmember Lucas stated she believes that was accomplished; clearly, there are two good applicants; comments from the audience show the service provided by Blue & Gold is excellent; she has a question about reliability of Harbor Bay Maritime, it has not been quite as good as Blue & Gold, and the bid does not involve as much frequency in the number of trips; commented nothing is factored in for a local business, and inquired if the scoring system prevented entry of new companies. The Public Works Director stated San Diego was either too busy or not interested; and Red & White Fleet was interested but did not think they could come out financially well enough to be low bidder. Councilman Arnerich noted the bid package was approved and put together by staff in a thorough manner; if persons felt process was deficient, they should have pointed out deficiencies when the bids were put in; and he believes Blue & Gold is providing good service. Councilmember Appezzato agreed with Councilman Arnerich that the bid process was fair; he will support the Public Works Director's recommendation, and vote to award the contract to Blue & Gold. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Appezzato, Lucas and President Withrow - 4. Noes: Vice Mayor Roth - 1. Absent: None. 94-114 Report from Community Development Director regarding Reallocation of Funds to Extend Midway Shelter Operations. * Written Communication from Alameda Homeless Network, Alameda, requesting Council review funding allocations for homeless services. Betty Meehan, Alameda, St. Joseph's Elementary School, spoke in favor of keeping Midway open all year. Arlene Tennant, Alameda, stated she believes the City would be making a great mistake to close the shelter for any length of time. Athena Burns, Alameda, stated she has worked for many shelters; sees Midway as a band-aid, and other benefits in different shelters; noted location is under an Electro-Magnetic Field; however, she supports the facility. David Thruston, Alameda, Member, Alameda Homeless Network Board of Directors, addressed the value of Midway Shelter; noted its safe and flexible environment for residents; stated there is no less Minutes of Regular Meeting, Alameda City Council March 1, 1994 expensive option providing services; expressed need for year-round program status to qualify for certain funding; submitted economic data to Council and explained the information. Marcia Derricotte, Manager, Midway Shelter, explained resident fee program, and stated the request is for unallocated funds referred to in the February 18, 1994, Community Development report in the amount of $10,013 and the allocated funds designated for the motel voucher program in the report dated January 7, 1994 in the amount of $8,657 to allow Midway to stay open for the next three months, which will enable Midway to implement the program and be less dependent upon the City for funding. Councilman Arnerich stated if the detailed report had been provided Council earlier, Council would have been able to study, make inquiries, and better understand the material presented for decision making. Councilmember Appezzato inquired if City staff had an opportunity to review and analyze the proposal; and Ms. Derricotte stated the proposal was submitted to Community Development earlier and they responded, affirming the approach, and requesting more details about implementation. Ben Lopez, Filipino-American Community Services Agency, urged Council to continue funding Midway; noted Midway Shelter has become a model for emergency shelters in this area; addressed potential funding sources; and stated FACSA is aiming to reduce dependency on City funding. Elizabeth Vasquez, FACSA, explained the background and services of the Agency and requested the shelter be kept open. Joanne McKray, Alameda Democratic Club, stated the Club has invested time and energy in the Shelter, and requests Council continue its investment long enough for the proposal for securing permanent funding can be investigated. Don Roberts, Alameda, stated a presentation made last year by a young family man who told how Midway had actually saved his life deeply impressed him; and urged Council find additional funding to permit Midway to continue. Rod Murray, Alameda Interfaith Outreach Council, Twin Tower's United Methodist Church, noted a number of congregations are helping at Midway and providing meals; and noted advantages of the program. David Burke, Alameda, stated he is living at Midway, and explained ways that he has been helped. Minutes of Regular Meeting, Alameda City Council March 1, 1994 Don Bergen, Alameda, stated he is against keeping Midway open; the Salvation Army, Red Cross and Catholic Charities should continue to take care of such matters; the City cannot afford to. Manuel Cardenas, Alameda, thanked Council for keeping Midway open; stated that through the program, he was helped to get back on his feet and given information on where to go for help, and for work. Larry Schulz, Alameda Homeless Network, stated Midway is doing an excellent job and has brought together a broad base of community support which has changed lives in the community; and requested Midway be kept open to June 30th. Lois Workman, Alameda, Chair, Homeless Task Force, stated the Task Force has identified homeless prevention as top priority for this year, and does not preclude funds going to other items for homelessness. Virginia Krutilek, Chair, Alameda Homeless Network, stated closure would cause loss of staff and require hiring new staff which may not have the same qualifications. Kawthar Jabr, former Midway resident, stated that without Midway, she had no other place to go; Midway took her in, she was able to keep her baby and now she is on her own and appreciates what Midway, churches and others have done. Gerhard Degemann, Alameda, urged Council vote in favor of Midway. Jim Franz, American Red Cross, stated Midway has done valuable work for the community; if there is a need for closure, services will be provided, however, he hopes there will be money to keep the shelter open. Councilmember Lucas discussed need for transitional housing and assistance with Mr. Franz. Councilmember Lucas stated limited funds are available, and the needs may have to be addressed by other programs; discussed the number of emergency beds for Alameda with staff. Vice Mayor Roth stated he would like to ask for a whole package again; and the Community Development Director stated that the proposal for the use of the CDBG funds for 1994-95 will be presented in April and estimates of community fundraising can be included; however, there are insufficient funds to finance 48 beds of emergency shelter year round. * * * Councilman Arnerich moved to extend the meeting until 11:30 p.m. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. Minutes of Regular Meeting, Alameda City Council March 1, 1994 * * * Councilman Arnerich stated that the $10,000. unobligated funds could be used to keep the Shelter open until April 21; the Midway Expenses document, submitted by Marcia Derricotte, Shelter Manager, should be sent to staff to determine whether the plan is workable and the shelter can be kept open until July 1. The City Manager stated that the $10,000. will take the Shelter to approximately April 20th; staff can review document submitted [by Derricotte] and determine if proposal will carry Shelter through the end of the fiscal year; Council, however, may be faced with the same issue at the second Council Meeting in April. Councilman Arnerich stated that he would like to suggest [motion] Council dip into the unallocated fund of $10,000. and keep the Shelter going until April 20th or 21st; staff look over the new options presented [by Derricotte], with proviso that, if we do not have funds, there could come a day the Shelter will have to be shut down. In response to an inquiry from Councilmember Lucas, the City Manager stated staff will report back on the matter no later than the first Council Meeting in April. Councilmember Appezzato stated that he was prepared to support [second] Councilman Arnerich's proposal in committing the $10,000. through April 21st; and he hopes Community Development and the Homeless Network can assess the proposal as to whether the monies, that may be collected, can come to fruition. President Withrow stated that he would like to ask the City Manager to have staff work with Mr. Lopez, FACSA, to find out both the timing and probability of success in obtaining funding. The City Manager responded that staff will evaluate everything presented this evening. Vice Mayor Roth stated that the City should be able to come up with the money from some source, and he requested Councilman Arnerich to amend his motion to state: "instruct staff to come up with additional funding necessary to keep Shelter open through June." Councilman Arnerich responded that monies have to go where earmarked; however, if the City Manager can state tonight he can get the money, he will change his motion. Councilmember Lucas stated that she would like to encourage the cooperation of the Homeless Network, and she believes there will be some indication how the groups can come up with further contributions at the April Council Meeting. Minutes of Regular Meeting, Alameda City Council March 1, 1994 Councilman Arnerich stated that the Homeless Network has indicated they want to be a part of the process and raise funds also; and he would like to leave his motion intact. On call for the question, the motion passed by a unanimous voice vote - 5. 94-115 Resolution No. 12503 "Adopting Negative Declaration, IS-93-3, for the Rezoning R-93-2, for the Parcel located at 2313 San Antonio Avenue." Adopted. Councilmember Appezzato moved adoption. Vice Mayor Roth seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth and President Withrow - 4. Noes: None. Abstentions: None. Absent [from the dais]: Councilman Arnerich - 1. 94-116 Ordinance No. 2659, N.S. "Reclassifying and Rezoning Certain Properties within the City of Alameda by Amending Zoning Ordinance No. 1277 for that Property Located at 2313 San Antonio Avenue." Adopted. Councilmember Appezzato moved final passage of ordinance. Vice Mayor Roth seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth and President Withrow - 4. Noes: None. Abstentions: None. Absent [from the dais]: Councilman Arnerich - 1. 94-117 Ordinance No. 2660, N.S. "Establishing City of Alameda Cable Television Basic Service Tier Rate Regulations." Adopted. Councilmember Lucas moved final passage of ordinance. Councilmember Appezzato seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth and President Withrow - 4. Noes: None. Abstentions: None. Absent [from the dais]: Councilman Arnerich - 1. 94-118 Written Communication from Mayor, City of Victorville, asking the City Council to Request the California Supreme Court to Grant the Petitions for Review Concerning George Air Force Base Annexations; and Written Communication from City Attorney, City of Adelanto, recommending that no action be taken on the City of Victorville's request. Councilmember Lucas moved acceptance of both communications. Councilmember Appezzato seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth and President Withrow - 4. Noes: None. Abstentions: None. Absent [from the dais]: Councilman Arnerich - 1. Minutes of Regular Meeting, Alameda City Council March 1, 1994 ORAL COMMUNICATIONS, NON-AGENDA 94-119 Al DeWitt, Alameda, congratulated the City Manager and staff on the selection of the Police Chief [Burnham Matthews]. 94-120 Elaine Barden, TCI Cablevision, stated she would like to serve on a Task Force to get businesses to support fundraising efforts for the Midway Shelter, and that TCI will donate $500.00 and help get matching funds. NEW BUSINESS AND UNFINISHED BUSINESS 94-121 Consideration of Nomination of Appointment to the Civil Service Board. Mayor Withrow nominated C. Richard Bartalini for appointment. 94-122 Consideration of the Mayor's three Appointments and three Reappointments of Members to the Mayor's Committee for the Disabled. Mayor Withrow appointed, with the concurrence of Council, John Baker and Tony Lewis; and reappointed Josephine Bixler, Robert Elkins, and Adrienne Grimes. ADJOURNMENT President Withrow adjourned the meeting at 11:23 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. Minutes of Regular Meeting, Alameda City Council March 1, 1994