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1994-03-15 Regular CC MinutesMINUTES OF REGULAR MEETING OF ALAMEDA CITY COUNCIL MARCH 15. 1994 The meeting was convened at 8:22 p.m. (following the Alameda Public Financing Authority Annual Meeting), with President Withrow presiding. Alameda Boy Scout Troop, Pack 1076, Den 5, posted the flag and led the Pledge of Allegiance, and Reverend Robert Keller, Twin Towers United Methodist Church, gave the invocation. ANNOUNCEMENTS OF CLOSED SESSION ACTIONS. 94-123 Mayor Withrow announced that, at 7:05 p.m., Council adjourned to Closed Session to consider: Significant Exposure to Litigation, pursuant to Subsection 54956.9 (b) of the Brown Act: Council gave instruction to the City Attorney; and Pending Litiaation, City of Alameda v. Todd Shipvards, pursuant to Subsection (a) of Section 54956.9 of the Brown Act, was not discussed. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 94-124 Proclamation Declaring Tuesday, March 15, 1994, as Youth in Government Day. Mayor Withrow read the proclamation and presented Certificates to the Youth in Government Day participants. 94-125 Presentation of Certificate of Appointment to John B. Baker as Member of the Mayor's Committee for the Disabled. Mayor Withrow presented certificate of appointment to John Baker. 94-126 Presentation of Certificate of Appointment to Tony Lewis as Member of the Mayor's Committee for the Disabled. Mayor Withrow presented certificate of appointment to Tony Lewis. 94-127 Presentation of Certificate of Reappointment to Josephine Bixier as Member of the Mayor's Committee for the Disabled. Mayor Withrow presented certificate of reappointment to Josephine Bixier. 94-128 Presentation of Certificate of Reappointment to Robert Elkins as Member of the Mayor's Committee for the Disabled. Regular Meeting, Alameda City Council March 15, 1994 Mayor Withrow presented certificate of reappointment to Robert Elkins. 94-129 Presentation of Certificate of Reappointment to Adrienne Grimes as Member of the Mayor's Committee for the Disabled. Mayor Withrow presented certificate of reappointment to Adrienne Grimes. CONSENT CALENDAR President Withrow announced that, at the request of Councilmembers and citizens, report (94-138) regarding the SSHRB EXCHANGE; report (94-139) regarding City Airport Policy Statement; report (94-141) regarding Memorandum of Understanding on Airport Roadway project; and Ordinance (94-142) and Resolution (94-143) concerning Order of City Council Meetings, were removed from Consent Calendar for discussion. Councilmember Lucas stated she would abstain on report (*94-131) regarding status of the Meyers property, due to conflict of interest. Councilmember Appezzato moved approval of the remainder of the Consent Calendar. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5 (with the exception of Councilmember Lucas's abstention on report *94-131). Items so enacted or adopted are indicated by an asterisk. *94-130 Minutes of the Regular Council Meeting of March 1, 1994, and the Special Meetings of February 22, and March 1, 1994. Approved. *94-131 Report from Assistant City Manager regarding the status of the Meyers property. Accepted. [Councilmember Lucas abstained.] *94-132 Report from Public Works Director recommending Award of Contract to Mountain Cascade, Inc., for Infiltration and Inflow, Phase IV, Sanitary Sewer Replacements in Pacific Avenue from Fifth Street to Sixth Street, Sixth Street from Central Avenue to Pacific Avenue, and Pearl Street from Otis Drive to Central Avenue, No. P.W. 01-94-01. Accepted. *94-133 Report from Public Works Director recommending Adoption of Specifications and Calling for Bids for the Purchase of a Combination Catch Basin/Sewer Cleaning Machine. Accepted. *94-134 Report from Finance Director transmitting Investment Portfolio for period ending February 28, 1994. Regular Meeting, Alameda City Council March 15. 1994 *94-135 Resolution No. 12504 "Authorizing Open Market Purchase of Seven Police Vehicles for the Police Department." Adopted. *94-136 Resolution No. 12505 "Designating Labor Day, in Perpetuity as "Try American Day." Adopted. *94-137 Bills, certified by the City Manager as true and correct, were ratified in the amount of $1,792,642.15. 94-138 Report from President, Social Service Human Relations Board, regarding SSHRB EXCHANGE: The State of Youth Affairs. Councilman Arnerich moved to accept report and recommendation regarding support and funding of youth activities. Councilmember Appezzato seconded the motion. Vice Mayor Roth stated he will vote no because he is not prepared to increase CDBG (Community Development Block Grant) funding level. Councilman Arnerich clarified that Council is not including a commitment to increase funding. The motion carried by unanimous voice vote - 5. 94-139 Report from City Attorney regarding Amendments to City Airport Policy Statement. Jon Rodgers, Alameda, stated it is inappropriate to have a committee, CLASS, which does not want to hear a balanced view of the airport issue. Bill Kane, Alameda, member of the Oakland Airport Advisory Committee, Oakland Airport Noise Abatement Task Force, and appointed in 1976 to Part 150 Study; stated that Brown, Buntin Associates found no legally-defined noise impact area at North Field; and he requested Council to remove any items referring to North Field, e.g. intersection takeoffs, preferential runway use, and noise curfew. The City Attorney noted that the agenda item does not address the substance of the Airport Policy Statement that was adopted by the City Council some years ago; the document, before Council, makes administrative changes to reflect recent actions of the City Council and growth at the Airport. Angus MacDonald, Alameda, stated that aircraft do make noise over the Fernside district. Vice Mayor Roth moved adoption [of the amendments as approved by the Airport Operations Committee]; Councilmember Appezzato seconded Regular Meeting, Alameda City Council March 15, 1994 the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Lucas, Roth and President Withrow - 4. Noes: Councilman Arnerich - 1. * * * President Withrow announced the Resolution regarding the East Bay Public Safety Corridor would be taken out of order. * * * 94-140 Resolution No. 12506 "Approving Endorsement of the Memorandum of Understanding Establishing an East Bay Public Safety Corridor and Authorizing the City Manager to enter Interjurisdictional Agreements associated with the Project and to expend up to $3,000 on regional public safety efforts." Adopted. Assemblyman Tom Bates discussed the East Bay Public Safety Corridor; stated that the purpose of the Project is to do something about violence and crime; and EBPSC would like to become a national model. Councilmember Appezzato complimented Assemblyman Bates' program. Councilman Arnerich stated there is no doubt Council is going to support the program; however, he has a concern that program costs will increase for Alameda. Assemblyman Bates responded that it is their hope that Alameda will never be asked for another nickle; EBPSC is counting very heavily on foundations to help fund activities. Councilmember Lucas stated that juvenile crime has been a problem; crime is increasing; and she believes the effort is worth the City's $3,000. contribution. Mayor Withrow stated that he thinks it is a tremendous program. Robert Bisi, Alameda, stated it is a very positive move for the City Council, and it expresses a concern for the youth. Councilman Arnerich moved to accept the recommendation [to pass a resolution authorizing the City's participation on the East Bay Public Safety Corridor project and authorize the expenditure of $3,000 from existing appropriations]. Vice Mayor Roth seconded the motion, which carried by a unanimous voice vote - 5. * * * Council recessed and reconvened at 9:15 p.m. * * * 94-141 Report from Public Works Director recommending Approval of First Amendment to Memorandum of Understanding on Airport Roadway Project. Regular Meeting, Alameda City Council March 15, 1994 u President Withrow announced that the citizen who had requested this item be removed from Consent Calendar had left the meeting. Councilmember Lucas moved approval. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 94-142 Ordinance No. • N.S. "Amending the Alameda Municipal Code by Amending Subsections 2-1.1 (a) and 2-1.1(b)(1), and Repealing Subsection 2-1.1(b)(2) of Section 2-1 (The City Council), Article I (The City Council and Meetings of the City Council), Chapter II (Administration) Thereof, Pertaining to Starting Time and Order of City Council Meetings." Introduced. [See Paragraph No. (94-143) for discussion and action. 94-143 Resolution No. 12507 "Amending Resolution 12121 Relating to Order of Business at City Council Meetings." Adopted. The City Attorney stated that she placed the item on the agenda in order to delete the closed session from the regularly scheduled agenda; under the Brown Act amendments it is required now to have a specific identified description on the agenda; and assuming the ordinance is passed at both readings, starting on May 5, the Staff Information meeting will be held from 7:15 p.m. to 7:25 p.m., the Regular Council Meeting will continue to be held at 7:30 p.m., and any Closed Session item will be agendized prior to that time as a Special Meeting. Councilmember Appezzato stated that he is a big proponent of the Brown Act and the amendments; he does not support Closed Sessions, however, he is glad Sessions are required to be announced when held; he is also not a proponent of Special Meetings unless they are an absolute necessity; and requested the Special Meeting scheduled for March 17 be placed on a Regular Agenda unless matter is an emergency. Vice Mayor Roth moved introduction of ordinance and adoption of resolution. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. AGENDA ITEMS 94-144 Resolution No. 12508 "Appointing C. Richard Bartalini as a Member of the Civil Service Board." Adopted. Judge Bartalini was not in attendance to take the Oath of Office. Vice Mayor Roth moved adoption of resolution. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. Actions Related to Base Conversion Process. Regular Meeting, Alameda City Council March 15, 1994 94-145 Status Briefing on Base Conversion Process. Project Manager Don Parker stated that the Office of Economic Adjustments reviewed and generally approved City's budget request; the East Bay Conversion and Reinvestment Commission unanimousy endorsed the Budget on March 10; upon final approval, shall apply to the State for a $100,000. matching grant; funding outside of the City will be in the total of $770,000. to support the base closure activity during time period November 1, through October 31. 94-146 Presentation/Resolution for Science City. Jim Davis, retiree from the University of California/Lawrence Livermore Laboratory, who continues as consultant to the University of California, discussed framework and concept of proposal, and provided a slide presentation; he stated that the Alameda Science City proposal has two main components: a federally-supported institute for technology development and a commercially developed industrial park; the institute is projected to be about 100 acres and the park to be about 700 acres; the focus has to be on agile advanced technologies; the focal point of the institute would be on manufactured products; believes the University of California can bring a lot of intellectual property and infrastructure; the Development Authority would have the responsibility for the industrial park and master planning of the 100 acres under the University of California's management; the institute's projects would typically be fifty-fifty joint ventures with industry; and with the City's and Reuse Authority's approval, they will proceed with the writing of a proposal to the Federal Government to achieve funding; after achieving funding, a preliminary integrated plan will be produced, and then a full business plan developed. Doug DeHaan, Alameda, stated that the Base Reuse Advisory Group is active and moving into many directions; the Reuse Subcommittee took on Science City and presentations have been provided to all committees and City departments; BRAG endorsed the proposal, placed a number of caveats in it, and made sure it was in the best interest of the City. Angus MacDonald, Alameda, stated that the City would profit from having a free trade zone, and hopes it would be compatible with the Science City proposal; and the airfield and seaport system should not be lost. Neil Patrick Sweeney, Alameda, stated Science City should be located within the Navy Base, and readdressed certain issues he presented at past City Council Meetings. Gary W. McAfee, Alameda, stated proposal sounds complex and that there are unknown problems; infrastructure needs to be in place; and it may be better for Alameda to deal with project in smaller Regular Meeting, Alameda City Council March 15, 1994 bites. President Withrow stated that he strongly endorses the project; proposal is something the Council and City can get behind; program does not preclude other alternatives; this is something that can be pursued in parallel with other issues that would be competing for the interest of the citizens and for use of property. Vice Mayor Roth stated that he has watched the process grow and concerns have been addressed by Mr. Davis. Vice Mayor Roth moved adoption of the recommendation [to authorize the City Manager to send a letter to the University of California endorsing the Alameda Science City proposal. Endorsement of the Alameda Science City Proposal by the City of Alameda will be: 1) Formally reassessed quarterly and could be terminated after two quarters if substantial results have not been obtained; 2) Contingent that land requirements of the Science City Proposal not involve the entire NAS site and allows for the inclusion of other desirable and compatible reuse and interim reuse proposals consistent with the City of Alameda.] Councilmember Lucas seconded the motion. Councilman Arnerich stated that a great job has been done by all the committees and Doug DeHaan; there is no doubt in his mind it is a workable plan; and he supports the proposal. Councilmember Appezzato stated citizens should be aware that Council is authorizing a more definitive plan to be produced; it is going to take 28 months to produce a business plan; he is confident checks and balances are in place to protect the federal dollars and City's monies put into the project; and he will support the proposal and the authorization to transmit a letter to U.C. President Withrow stated, in reference to Mr. McAfee's comments, that he believes everyone recognizes the need to improve the access, mobility, and infrastructure surrounding ingress and egress through Alameda. The motion carried by unanimous voice vote - 5. 94-147 Report from Planning Director transmitting the recommendations from the Planning Board and the Base Reuse Advisory Group regarding the Seaport Plan and the Regional Airport Systems Plan and Naval Air Station Alameda. Bruce McGregor, President, Planning Board, stated that Council requested the Board to address the question of the Metropolitan Transportation Committee's designation of the Naval Air Station as a seaport and an airport; in the case of the seaport, there are no Regular Meeting. Alameda City Council March 15, 1994 container cranes, storage yards, docks set up for the handling of containers, rail lines nor roadways capable of handling several hundred containers a day; in other words, we do not have a seaport facility, and growth in transpacific traffic has gone to Long Beach, Seattle, and Port of Oakand; therefor the Planning Board recommends the City apply to the MTC for the removal of the seaport designation. The airport is a different matter; the airport is a major facility and a resource; there is air traffic capacity to have aviation facility; and there are quite a few possibilities for uses, e.g. corporate operations, and air ambulance services. In response to Vice Mayor Roth, Mr. DeHaan stated that the reuse of the air strip, corresponding hangar space and operations is very important; the Reuse Subcommittee has not seen a real positive indication that the City wants to retain it as an air strip; the Subcommittee has been in a limbo stage waiting for MTC to make some decisions; and there is concern if the strip is ripped up, there may be an environmental problem. Project Manager Parker noted deleting the runways does not necessarily mean that you do not have use for many of the facilities there to continue with current operation; there is a potential to achieve a much higher level of job generation without a runway; and he sets his sights for the future, and the future can provide a greater stimulus to the local regional economy and a much broader job generation. In response to President Withrow, the Project Manager stated it is critical to make a decision regarding the airport, and he would like to provide a more precise answer at the next Council briefing. Councilmember Appezzato stated he finds it quite sad that we have one of the biggest deep water ports in the world that can handle three of the largest ships at one time, and somehow we failed to find a vision for some use; but leaving a little door ajar for possible uses on the air station seems prudent. In response to Councilmember Appezzato, the Planning Director stated the most recent draft of the regional airport systems plan, identifies the facilities at the Naval Air Station as fairly limited. Councilmember Appezzato stated the airport could be removed at the appropriate time, upon petition of this City Council to the MTC. Councilman Arnerich stated that it seems those runways are made for cargo, to which President Withrow commented that the City is not set up with an infrastructure of roads that facilitate trucks running 24 hours a day. Vice Mayor Roth stated air cargo requires long runways; also the Regular Meeting, Alameda City Council March 15, 1994 FAA stated they would not approve commercial or air cargo use because of the current congestion; and he believes people in the West End do not want an airport. 94-148 Report from Base Reuse Authority Group recommending Support of the Concord Naval Weapons Facility Reuse of Naval Aviation Depot Gun Repair Testing Facility. Doug DeHaan, Alameda, stated that the Concord Naval Weapons Facility is asking the City for a letter of intent for interim reuse, possibly going into a long-term reuse; and with that in mind, the BRAG came forward with the proposal. In response to Vice Mayor Roth, Mr. DeHaan stated the testing facility was designed to handle up to 30 or 40 people. Vice Mayor Roth moved adoption of the recommendation; Councilmember Lucas seconded the motion, which passed by unanimous voice vote - 5. *** Council recessed and reconvened at 9:20 p.m. *** 94-149 Written Communication from Paul Koretz, Councilmember, City of West Hollywood, requesting support of Assembly Bill 13 which would make all workplaces, including restaurants, smoke free. James Hanecak, Alameda, stated reasons why he opposes AB 13. Councilmember Lucas stated that there is a group in Alameda which meets regularly and conducts surveys; believes the group will be reporting to the City Council; and she would like to hold the matter over. Councilman Arnerich stated the City of Alameda took the lead in creating smoke free areas, and Council should only accept the correspondence at this time. Councilmember Lucas moved acceptance of staff's report. Councilmember Appezzato seconded the motion which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) 94-150 Neil Patrick Sweeney, Alameda, discussed first-time home buyer programs, and base conversion public relations. 94-151 John Scott Graham, Alameda, complained that V.A. clinics are not providing preventive medicine services and understaffed. Regular Meeting, Alameda City Council March 15, 1994 COUNCIL COMMUNICATIONS (Communications from Council) 94-152 Consideration of Nomination of Appointment to the Social Service Human Relations Board. Mayor Withrow nominated Judy Tam. 94-153 Councilmember Appezzato moved that the March 17 Special Council Meeting agenda items be moved to a Regular Council Meeting Agenda. Following discussion on proper procedure, Councilmember Appezzato withdrew his motion. ADJOURNMENT President Withrow adjourned the meeting at 10:50 p.m. Resectfu11y submitted, Ifte DINE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. Regular Meeting, Alameda City Council March 15, 1994