1994-06-09 Regular CC MinutesADJOURNED REGULAR MEETING OF THE ALAMEDA CITY COUNCIL
JUNE 9, 1994
The meeting convened at 7:30 p.m., (following the Housing Authority
Board of Commissioners Meeting) with President Withrow presiding.
Vice Mayor Roth led the Pledge of Allegiance. Pastor John
Pillitiere, Alameda Chapel, gave the invocation.
ROLL CALL -
Present: Councilmembers Appezzato, Arnerich,
Lucas, Roth and President Withrow - 5.
Absent: None.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
94-284 Proclamation Commending Michael Goodwin for Heroic
Efforts on May 15, 1994.
Mayor Withrow read the proclamation and presented it to Michael
Goodwin.
94-285 Proclamation acknowledging June as Gay Pride Month.
Mayor Withrow read the proclamation and presented same to Kathy
Teller.
CONSENT CALENDAR
President Withrow announced that report 94-294 regarding Golf Cart
Lease purchase; report 94-295 on ratification of letter to
President Clinton; report 94-296 regarding signalization and
channelization improvements; and Resolution 94-297 concerning
Island City Landscaping and Lighting District 84-2, were removed
from the Consent Calendar at the request of citizens and
Councilmembers for discussion.
Councilmember Lucas moved approval of the balance 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.
*94-286 Minutes of the Regular Council Meeting of May 17, 1994.
Approved.
*94-287 Report from Base Conversion Project Director, regarding
Agreement Designating the City of Alameda as Subgrantee for OEA
Grant #CL9405-93/94-01A. Accepted.
*94-288 Report from Public Works Director recommending Acceptance
of Work by Nichols Brothers Boat Builders for Alameda/Oakland Ferry
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
Vessel Acquisition, No. P.W. 12-91-14. Accepted.
*94-289 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Construction
of ADA/Title 24 Accessibility Standards at Longfellow Park, No.
P.W. 03-94-04. Accepted.
*94-290 Report from Public Works Director recommending Award of
Recycling and Waste Reduction Grants for Fiscal Year 1994-95.
Accepted.
*94-291 Report from Community Development Director recommending
Amendment to Agreement between the City of Alameda and County of
Alameda for Use of HOME Funds. Accepted.
*94-292 Report from Community Development Director regarding
status of Alameda Theater. Accepted.
*94-293 Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $2,208,024.57.
94-294 Report from Assistant City Manager recommending
Authorization of City Manager to execute a Golf Cart Lease purchase
agreement with E-Z-Go Golf Carts to replace existing Golf Cart
Fleet. Accepted.
Donald Bergen, Alameda, questioned the cost effectiveness of having
a Golf Course Enterprise.
Councilman Arnerich, stated point of order, that the item on agenda
is the purchase of E-Z Go Golf Carts, not the operation of a
Municipal Golf Course; and moved approval of the recommendation.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
94-295 Report from Base Conversion Project Director, regarding
Ratification of a Letter from the Mayor to President Clinton from
Four Bay Area Mayors Concerning the Interim Rules Implementing
Title XXIX of the National Defense Authorization Act for Fiscal
Year 1994.
Don Roberts, Alameda, stated he supports the letter; however, has
a problem with the Council's action of May 17th; the letter was not
listed on the [May 17] Agenda; and there were no findings of an
immediate need for Council to take action.
Councilman Arnerich concurred with Mr. Roberts, and noted that
Council was advised that night that they were within their province
to do so [take action].
Councilmember Lucas moved approval [of the report and
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
recommendation to ratify the execution of the letter]. Councilman
Arnerich seconded the motion which carried by unanimous voice vote
- 5.
94-296 Report from Public Works Director recommending Adoption
of Plans and Specifications and Calling for Bids for Signalization
and Channelization Improvements at Atlantic Avenue and Main Street,
No. P.W. 05-94-11.
Vice Mayor Roth stated he is concerned what is done [improvements]
could be a wasted effort, or lock the City in, improvements should
depend upon what is planned for reuse of the Naval Air Station; and
inquired whether there would be any consequences if Council delayed
action.
The Public Works Director explained the reason the matter is before
Council is funding; an application for a grant was submitted some
time ago, this is a project for a good entrance into whatever is
developed out there; and recommended moving ahead with it.
In response to Vice Mayor Roth, the Public Works Director described
the project.
Councilman Arnerich stated, if Council is to approve a project,
they should have an idea of its general appearance; and moved [to
approve report and recommendation] and in the future maybe have all
other specifications come before us [Council]. Vice Mayor Roth
seconded the motion.
Following discussion concerning the availability of Specifications
and Plans to the City Council, the City Manager stated that, in the
future, all Project Plans will be displayed in the Council Chamber.
Vice Mayor Roth stated that detailed specifications are not
necessary; but the overall concept, a pictorial display, is, so
that the people in the audience can see what it [project] is.
The motion was carried by unanimous voice vote - 5.
94-297 Resolution No. 12531 "Preliminarily Approving Annual
Report Declaring Intention to Order Levy and Collection of
Assessments, Annexing Five Additional Parcels in Zone 5, and
Providing for Notice of August 2, 1994, Hearing Thereof - Island
City Landscaping and Lighting District 84-2." Adopted.
Vice Mayor Roth questioned the figures in the budget for holiday
decorations for Park and Webster Streets, and noted that the cost
for decorations for Park Street is far below the cost for Webster
Street.
The City Manager responded that the decorations [figure] is more in
Adjourned Regular ?sleeting, Alameda City Council
June 9, 1994
order to replace and augment certain things that we have had
problems with in the past.
Vice Mayor Roth stated that he believes the matter should be looked
at more closely; and, he "will approve the budget." Councilman
Arnerich seconded the motion which carried by unanimous voice vote
- 5.
AGENDA ITEMS
Mayor Withrow announced the agenda item concerning Introduction of
Ordinance regarding smoking would be taken out of order because of
the number of young adults that intend to participate.
94-298 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by Repealing Section 24-5 (Smoking Control) of Chapter XXIV
(Public Health) and Replacing with New Section 24-5 (Smoking
Pollution Control), Eliminating Smoking in Workplaces and Enclosed
Public Places and Prohibiting Tobacco Product Free Distribution and
Vending Machines." Introduced
The following persons spoke in favor of the proposed ordinance:
L. Robert Martin, M.D., American Cancer Society, Alameda
Mike McCreary, Alameda
Jonathan P. Krueger, Alameda, [submitted petitions]
Leonard M. Casey, Alameda, [submitted petitions from restaurant
owners]
Suzanne N. Vinson, Alameda Coalition Group
Anne K. Taylor, Alameda
Robert Deutsch, M.D., Alameda
Don Roberts, Alameda
Councilmember Lucas moved introduction of the ordinance and
complimented staff for their work on the revisions.
Vice Mayor Roth stated that he still has concern regarding that
section of the ordinance on distance from a building, particularly
a situation involving people smoking in a car with their windows
down.
The City Attorney responded the ordinance does not have exceptions
for specific situations; the change from 15 feet to 10 feet was
intended to accommodate most of the circumstances.
Vice Mayor Roth stated bars that allow smoking can exhaust [smoke]
into the air and into an adjacent building, and questioned what
recourse there is for that [situation].
The City Manager responded that the situation sounds unlikely. We
have to work with the practical aspects of the ordinance and if we
Adjourned Regular Meeting. Alameda City Council
June 9. 1994
do run into a situation like that, we can work with property owners
involved and make it work, or come back to Council and make
changes.
Vice Mayor Roth stated that he believes removing ashtrays in areas
designated non-smoking could create problems.
Councilman Arnerich stated that owners of bar and grill
establishments believe ordinance creates unfair competition; maybe
the City should look at smoke-free bars; and he is in favor of the
ordinance.
Councilmember Appezzato seconded Councilmember Lucas's motion, and
stated that if Council needs to amend ordinance later on, Council
can do so.
In response to a question from Vice Mayor Roth, the City Attorney
stated that there are no vested rights in dispersing tobacco
products.
Councilman Arnerich stated that perhaps this is a good time for the
Police Department to enforce this [ordinance].
The motion carried by unanimous voice vote - 5.
Actions Related to Base Conversion Process
94-299 Status Briefing on Base Conversion Process.
Neil Patrick Sweeney, Alameda, stated we should declare war on
environmental toxic clean-up and do it now.
Don Parker, Base Conversion Project Director, reported seven (7)
qualified responses have been received to the Request for Proposals
for Consultants; City staff and Base Conversion Office formed a
committee to review Proposals, and will report back on their
progress and with a recommendation.
94-300a Public Hearing to consider Levying an Annual Assessment
on the Alameda Business Improvement Area of the City of Alameda for
Fiscal Year 1994-95.
President Withrow opened the public hearing, noted there were no
speakers and closed the public portion of the hearing.
Vice Mayor Roth moved adoption. Councilman Arnerich seconded the
motion which carried by unanimous voice vote - 5.
94-300b Resolution No. 12532 "Confirming the Business
Improvement Area Report for FY 1994-95 and Levying an Annual
Assessment on the Alameda Business Improvement Area of the City of
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
Alameda for FY 1994-95." Adopted.
94-301a Public Hearing to consider a Rezoning (R-92-4) of the
parcel located at 1214 Oak Street, from C-2 (Central Business)
District to R-5 (General Residential) District.
President Withrow opened the public portion of the Hearing.
Noting there were no speakers, President Withrow closed the public
portion of the Hearing.
Vice Mayor Roth stated that this matter was brought to Council in
1993; Council bypassed it; and he would like to know what prompted
it to come back at this time.
The City Manager responded that Council proceeded with the other
properties in the surrounding area; requested that this parcel come
back. There was a question about the actual uses of the property.
Vice Mayor Roth stated that he thought Council wanted to have the
new Code available.
The City Manager stated that Council asked staff to bring the
matter back after Mr. Donnelly's concerns were investigated. After
discussion with Mr. Donnelly's insurance agent, he [Donnelly] is no
longer opposed to R-5 zoning.
Council, by consensus, introduced the ordinance.
94-301b Ordinance No. , N.S. "Reclassifying and Rezoning
Certain Properties within the City of Alameda by Amending Zoning
Ordinance No. 1277 for that Property located at 1214 Oak Street."
Introduced.
94-302a Public Hearing to consider Establishment of Electrical
Permit Fees and Increase of Various Other User Fees and Permit
Fees.
President Withrow opened the public portion of the Hearing.
Noting there were no speakers, President Withrow e-lotzr1 the public
portion of the Hearing.
Councilman Arnerich moved [introduction of ordinance]. Vice Mayor
Roth seconded the motion.
Under discussion, Councilmember Lucas stated she has concerns about
the amount of increases on some of the proposed fees, and she would
like an explanation why some increases are so high.
The Public Works Director stated plumbing and mechanical fees were
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
not balanced with the charge versus the cost of inspection.
In response to Councilmember Appezzato, the Public Works Director
explained that Public Works is taking electrical inspectors into
the Department; the main purpose for fee increases is to recover
the cost of inspections and services; staff has put in other minor
changes for clarification and to standardize fees; and currently
60% of the permits are for commercial work, and other permits are
for remodeling.
The motion carried by unanimous voice vote - 5.
94-302b Ordinance No. . N. S. "Amending the Alameda Municipal
Code by Amending Subsection 13-4.46 (Schedule of Fees), Section 13-
4 (Electrical Code), Article II, (Electrical Requirements), Chapter
XIII (Building and Housing) Pertaining to the Establishment of
Electrical Permit Fees." Introduced.
94-303a Public Hearing to consider Increases to the Sewer Service
Fee.
The public portion of the Hearing was opened.
Proponents
None.
Opponents:
Barbara Kerr, Alameda, stated she was speaking as President of
Rental Owners of Alameda; the sewer fee system is a dwelling unit
tax and makes no distinction between houses in Harbor Bay Isle and
the smallest cottage on the main island; the change this year is to
tax each and every apartment at 90% of the rate of the average
house; much worse is the increase on multiple units, and at the end
of three years she will be paying 60% over what she is currently;
fees are not for water treatment, but for sewer pipe; and the only
decent way to tax people is by assessed valuation.
David Plummer, Member, Rental Owners of Alameda, stated that he has
a problem with the fact that almost the same amount will be charged
for a single family dwelling as a rental unit.
There being no further speakers, the public portion of the Hearing
was closed.
The Public Works Director stated that the federal government, which
gave the City a grant to help on the sewer system, has rules
whereby they want equitable fees and sewer service charges based on
the amount of discharge into the sewer system; explained
calculations used to determine the actual amount of water that goes
Adjourned Regular Meeting, Alameda City Connell
June 9, 1994
from the various categories of uses into the sewer; the sewer
charge is for the operation and maintenance of the sewer collection
system and pumping plant; and sewer lines are being replaced, and
federal and State rules indicate the City should pay for this on a
sewer charge fee based on amount of sewage discharged into the
system.
Councilmember Appezzato stated Page 7 of the Staff Report shows
expenses jumping from two and one-half million in '93-94 to almost
five million in '96-'97, and questioned the reason for the jump.
The Public Works Director responded that the major increases are to
accelerate our sewer projects; advice given has been to try to have
about a year's budget in reserve, in case of earthquakes and
hazards that may come along.
In response to Councilmember Appezzato, the Public Works Director
confirmed that fees, after review next year or the year after,
could be reduced and are not locked in.
Councilmember Lucas inquired whether the City can be more fair in
the distribution of the increases between commercial properties,
multiple residential properties and homeowners.
The Public Works Director stated that the increases are based upon
a formula and meter data.
Lawrence Rugaard, Consultant, stated that the rates are uniform
throughout all the user classifications; water consumption is a
factor; and explained criteria used for proposed increases.
In response to Councilman Arnerich, the Consultant stated the
physical number of units for every multiple unit [building] is
known and charges are made accordingly; noted the amount of the
increase is due to change in water usage patterns over the last six
years and what is being discharged into the sewers, and there is
more discharge per unit for multiple units than for single family
dwelling units; explained the reserves; and his recommendation is
to look at the rate annually.
Replying to Councilmember Appezzato's question concerning why the
increase was not done years ago and gradually increased, Mr.
Rugaard stated the original plan suggested annual increases, and at
one point was reduced.
Councilman Arnerich stated his understanding is that if the City is
not in compliance with the mandated program within certain time
limits, the fine could range up to $10,000 and the Consultant
agreed.
Councilman Arnerich stated he, reluctantly, would make the motion
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
to see that we come into compliance; and moved introduction of
ordinance and adoption of resolution. Councilmember Lucas seconded
the motion which carried by unanimous voice vote - 5.
94-303b Ordinance No. • N.S. "Amending the Alameda Municipal
Code by Amending Subsection 18-3.7(C) (Fees for Connecting Sewers)
of Section 18-3 (Connections), and Subsections 18-4.3(A) (B) and
(C) (Charges Imposed), of Section 18-4 (Sewer Service Charge),
Article I, (Sewers), Chapter XVIII (Sewer and Water), Setting Sewer
Fees by City of Alameda Resolution." Introduced.
94-303c Resolution 12533 "Amending Master Fee Resolution No.
12191 Setting Sewer Service and Connection Fees." Adopted.
94-304a Public Hearing to consider amending Alameda Municipal
Code Section 8-29 Transportation Systems Management to Accept
Delegation from Bay Area Air Quality Management District, amending
Master Fee Resolution to revise TSM fees and penalties; and
authorization for the City Manager to develop and to execute
Delegation Plan and Delegation Agreement.
President Withrow opened the public portion of the hearing.
Don Bergen, Alameda, stated this matter tells people how they must
go to work and fines companies if they do not go the way government
wants them to go; and this is another erosion of freedom in our
country.
There being no further speakers, President Withrow closed the
public portion of the hearing.
President Withrow stated the Bay Area Air Quality District has set
forth the regulations and policies and the City is receiving a
delegation from them to assist in the enforcement.
The Public Works Director stated the City has had a similar
Transportation Systems Management ordinance; Bay Area Air Quality
District has their own ordinance they could enforce; however, they
have allowed various cities that wish to, to take delegation of
enforcement; and he recommends adoption.
Vice Mayor Roth moved adoption [recommendation to develop and
execute Delegation Plan and Agreement; adopt resolution and
introduce ordinance]. Councilmember Lucas seconded the motion which
carried by unanimous voice vote - 5.
94-304b Ordinance No. N.S. "Amending Alameda Municipal Code
by Repealing Section 8-29 Transportation Systems Management (TSM),
of Chapter VIII (Traffic and Motor Vehicles) and Replacing with
Revised Section 8-29 (Transportation Systems Management).
Introduced.
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
94-304c Resolution No. 12534 "Resolution Amending Master Fee
Resolution No. 12191 Establishing Employer Trip Reduction Fees and
Penalties." Adopted.
94-305 Report from Public Works Director regarding Appeal of
April 27, 1994, Transportation Advisory Committee [TAC] Action to
Install a 6-foot Vehicle Height Restriction at the Intersection of
Encinal and Versailles Avenues.
The Public Works Director stated staff is recommending the action
of the TAC be deleted.
Councilman Arnerich stated that this matter was brought to his
attention by [Encinal shopping] area merchants; TAC had recommended
the height limit; and he would propose hashmarks in the crosswalks
to designate the area is hazardous.
The Public Works Director stated all that needs to be done is to
accept the recommendation to delete the 6-foot Vehicle Height
Restriction as the hashmarks have already been approved.
Councilman Arnerich stated that he would make the recommendation to
eliminate the 6-foot height limitation as the recommendation in the
report, and to go ahead and proceed with the hashmarks in the
pedestrian crosswalks, and be done at both crosswalks. Vice Mayor
Roth seconded the motion which carried by unanimous voice vote - 5.
* * *
President Withrow called for a recess of Council to reconvene at
9:25 p.m.
* * *
94-306 Report from Assistant City Manager regarding Alternate
Sites for Baseball Facility. (Councilmember Appezzato)
Don Bergen, Alameda, stated the idea of paying so much money for a
baseball facility is not a good idea; grant monies may pay for it,
but those monies come from taxpayers.
Brenda Knight, Babe Ruth Baseball District Commissioner, thanked
the City of Alameda, Mayor Withrow and Councilmembers for their
support of baseball, and the needs of youth; for four Members of
the Peralta Community College District [PCCD] Board to deny this
joint venture defies logic and comprehension at a time when there
is a great need for such a facility; and thanked other officials
and citizens who demonstrated their support of the facility.
President Withrow gave the background of the recent work done
toward an agreement; and inquired if there has been any formal
communication from the PCCD to which the Assistant City Manager
replied, none whatsoever.
President Withrow stated Measure AA funds are set aside for the
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
City; he does not believe anyone on Council would support a do-
nothing position; everyone is committed to a qualified ballfield;
and inquired what the probabilities are of continued action with
the PCCD.
Councilman Arnerich requested an explanation from staff to Mr.
Bergen's statement concerning funding.
The Assistant City Manager stated that Measure AA monies were
approved by the voters; the City has used a great deal of that
money for renovation of several parks and another $837,000 is
available; his conclusion is that there are some things that can be
done at the existing site; several trustees at a meeting in May
indicated they would be willing to talk to the City and renegotiate
the Joint Use Agreement; a ball park can be built there [at the
College] as long as Council appropriates funds for that purpose;
therefore, one option is to simply ask PCCD what their requirements
are; another would be to ask PCCD to extend the date of the
expiration of the Joint Use Agreement for another six months so
that the City can work with them to determine if their conditions
are viable for us, and the other is to look for other sites.
In reponse to President Withrow, the Assistant City Manager stated
that, based upon the opinions voiced at the Trustees' meeting, if
they wanted to further look at this, the Board of Trustees or the
Chancellor would have sent us [City] some kind of communication to
that effect.
President Withrow discussed the use of alternate funds with the
Assistant City Manager; proposed that staff explore the feasibility
of funding options; and if successful, a Special Council meeting
can be called.
The Assistant City Manager noted the Joint Use Agreement states
that as long as funds are allocated by July 1, 1994, a 25 year
lease is initiated; it does not state when it [the ballfield] must
be built.
Councilmember Lucas stated she supports the suggestion for the
staff to investigate this alternative because alternate sites are
not a good solution; and she wonders if each Councilmember should
speak personally with one member of the Board of Trustees.
Councilman Arnerich moved that the City Manager look [at], and have
ready for Council at the next meeting, the ability to come up with
proper funding for the baseball field at the College of Alameda.
Councilmember Appezzato stated that he requested a month ago for
the item to be agendized; he will make a motion that the City
protect the $800,000 in the Measure AA funds for a hardball
facility and investigate an alternate facility just in case the
Adjourned Regular. Meeting, Alameda City Council
June 9, 1994
College of Alameda is not a valid site, and Council at least look
at Godfrey [Park].
President Withrow stated it is his understanding that there is
nothing to protect because those funds are tagged and identified
with the City of Alameda.
The Assistant City Manager stated that is correct; if those monies
are not used for this ballfield, they remain bankrolled for the
City of Alameda.
Councilmember Appezzato stated he knows that; he is saying he wants
to make sure we dedicate those funds to a hardball facility.
President Withrow stated everyone on Council is overwhelmingly in
support of that.
Vice Mayor Roth stated he still believes that we [City] could get
some of the NAS land near Encinal High School, and that should be
looked at.
Councilmember Appezzato stated he would support that too.
President Withrow stated we are in dialogue with the Navy; there
are problems with that property and legal constraints with using it
because of a whole plethora of laws; the property was occupied in
the latter part of 1800s and early part of 1900s by a refinery in
the City and substantial contamination exists; the Navy has assumed
liability for it and will clean it up; the problem is how to clean
it up; the Navy is investigating a steam-cleaning process but the
issue is complicated; however, we want the property for a sports
facility in any event.
Councilman Arnerich inquired if the City Manager could provide a
report to Council in two weeks; the City Manager stated he would
provide it on the next agenda, and Councilman Arnerich stated the
City Manager's report should include what Councilmember Appezzato
stated about funding [Measure AA] remaining for a baseball field
[hardball facility], and not used for anything else.
Councilmember Appezzato inquired if his motion died for lack of a
second.
Councilman Arnerich responded he had a motion in originally and
combined Councilmember Appezzato's [motion] with his.
Councilmember Appezzato stated that his motion is that they [the
Measure AA funds] be preserved for a hardball facility.
Councilman Arnerich stated the City Manager is to also look for
funding to go ahead with the most logical site, which is the
Adjourned Regular Meeting,. Alameda City Council
June 9, 1994
College of Alameda.
Vice Mayor Roth stated the motion eliminates looking at alternate
funding.
Councilmember Appezzato reiterated his motion is to protect the
Measure AA funds for a hardball facility.
In response to President Withrow's clarification of the motion,
Councilman Arnerich stated it is strictly a very simple matter of
referring it back to the City Manager's Office and staff to come up
with the proper funding to pursue the College of Alameda site,
regardless of the monies or where they come from.
Councilmember Appezzato stated he is sure the City Manager will
include all implications, restrictions and impacts of those funds,
wherever they come from.
Vice Mayor Roth seconded [Councilman Arnerich's] motion which
carried by unanimous voice vote - 5.
Councilmember Appezzato clarified his motion died for lack of a
second.
* * *
President Withrow announced that Councilman Arnerich did not feel
well and had to leave.
* * *
94-307 Report from Public Works Director recommending Rejection
of All Bids for the Alameda City Hall Renovation, No. P.W. 10-93-
14, and Authorization to Revise Plans and Specifications and to
Rebid Project.
Paul Breitkopf, Alameda, stated Council should preserve and protect
Alameda's heritage; should not move City Hall; grants are available
for City Hall with the tower; if the building is not upgraded, it
can never be used.
Dev Fraser, Danville, PCL Construction, stated his firm submitted
a responsible bid; offered to work with City Hall to reduce costs
and price; and does not recommend rebidding.
Don Bergen, Alameda, suggested gutting the whole building, and
reconstruct as it may have been.
Judy Pollard, Alameda, urged Council get on with the rehabilitation
and renovation of City Hall so that we can have a Civic Center and
shopping district that attracts rather than repels.
Don Roberts, Alameda, stated, if necessary to rebid, he can agree
to veneer cabinets instead of solid wood, but strongly urges
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
r
retention of tower to preserve community's historical character;
and if the City does not comply to seismic ordinance, no private
person will.
Jean Pardue, Alameda, stated if bid documents are reviewed
carefully, a successful bidder can be found; to re-engineer the
building for rebid would cost more than using an experienced
contractor who would work with the City to cut cost; stated this
City has charm but is not cohesive; City Hall could be the focal
point.
Naomi Hatkin, Alameda, agreed with previous speaker concerning
cohesiveness; people are attracted to historical communities; urged
the City move forward by accepting responsive bidder; keep the
tower foundation, get State funding, and start building.
Allen Michaan, Alameda, stated he bought and renovated an old home
in Alameda; the City must be a major example in preservation and
restoration efforts; the tower is important but if money is not
available, at least put in the foundation so the tower can be done
later; and he would not like to see a modern City Hall replace this
historic one when he is attempting to preserve the historic Alameda
Theater.
Councilmember Lucas inquired if City Hall was moved to, for
example, the Naval Air Station, would it be detrimental to the Park
Street District, and Mr. Michaan replied he believes it would.
David Plummer, Alameda, stated the value of City Hall on this
location is obvious; deleting the tower foundation, would eliminate
the possibility of the tower forever; accepted practice in
industry when cutting project cost, is to cut back items that are
or can be shelved but can be added later, and urged Council not cut
the tower but look at items that can be temporarily shelved, e.g.,
furniture.
Susan McDonald, Alameda, stated she is present as an Alameda
resident, not as representing her firm; noted City Hall is on the
National Register and could qualify for available funding.
In response to Councilmember Appezzato, Ms. McDonald noted possible
reductions, for a total of $500,000, could be made.
Councilmember Lucas discussed bids, prequalification of
contractors, the process and timeline for rebidding.
The City Attorney stated bidders can be prequalified, however, a
rebid would be a start-over, not a negotiation.
Ms. McDonald gave the advantages and disadvantages of rebidding,
stated she would prefer choosing a responsible bidder; noted the
Adjourned Regular Ntecting, Alameda City Council
June 9, 1994
project will not be redesigned but value-engineering will take
place in order to reduce costs.
The Public Works Director stated page 2 of the report lists some
potential savings; and staff wants guidance from Council regarding
the tower foundation; if the tower is to someday be added, Council
should direct staff to leave the tower foundation in the design and
look elsewhere to save money; staff, including the City Manager and
City Attorney discussed the matter in great detail and do not
believe it would be in the City's best interest to try to [proceed
with current bids] because of legal complications.
Councilmember Appezzato moved to approve the recommendation and to
retain the tower foundation. Councilmember Lucas seconded the
motion.
Councilmember Appezzato stated he would like to add [to the motion]
that we retain this site as our City Hall.
The City Manager stated the discussion about the site of the City
Hall would be appropriate when an item is on the agenda to move the
location.
Councilmember Appezzato stated he would withdraw that portion of
the motion.
The Public Works Director stated, for clarification, staff
recommendation also indicated staff would not move forward with the
bidding until we were assured that the Governor's budget includes
the grant.
Vice Mayor Roth stated he believes our [City] workers are owed a
safe building in which to work; if we receive a grant, it
[renovation] would still cost $10,000,000; we are wasting money
until we have money to proceed; [City] cannot negotiate with
contractors until we have the money; and he will vote no; he
believes other sites are available, where a much better, and more
functional, City Hall could be located.
The motion carried by the following voice vote: Ayes:
Councilmembers Appezzato, Lucas, and President Withrow - 3. Nayes:
Vice Mayor Roth: - 1. Absent: Councilman Arnerich - 1.
94-308 Ordinance No. , N.S. "Authorizing Execution of
Tidelands Lease Between Pacific Shops, Inc. and the City of
Alameda." [Continued to June 21, 1994]
President Withrow noted this item requires four votes and
Councilman Arnerich had to leave because he was ill; suggested
Council pull the ordinance and bring it back at a future Council
Meeting.
Adjourned Regular Meeting, Alameda ('ity Council
June 9, 1994
„IL
Councilmember Appezzato so moved. Councilmember Lucas seconded the
motion.
Wayne Milani, Pacific Shops, Inc., indicated he was agreeable to
the continuance.
The motion carried by unanimous voice vote - 4. [Arnerich absent]
94-309 Ordinance No. 2664, N.S. "Amending the Alameda Municipal
Code by Amending Subsection 12-4.5(B) of Section 12-4 (Public Off-
Street Parking), Article I (Parking Lots), Chapter XII (Parking
Lots and Parking Meters), to Establish Parking Rates by Resolution,
and Subsection 12-13.3 (Marking of Meter Zones and Parking
Therein), of Section 12-13 (Parking Meters), Article II (On-Street
Parking Meter Zones), Chapter XII (Parking Lots and Parking
Meters), Establishing Hours of Operation, Maximum Time Limits and
Signage.” Adopted.
Councilmember Appezzato moved final passage. Councilmember Lucas
seconded the motion which carried by the following voice vote:
Ayes: Councilmembers Appezzato, Lucas and President Withrow - 3.
Nayes: Vice Mayor Roth - 1. Absent: Councilman Arnerich - 1.
94-310 Ordinance No. 2665, N.S. "Reclassifying and Rezoning
Certain Properties within the City of Alameda by amending Zoning
Ordinance No. 1277 for that Property located at 2301 and 2305 Eagle
Avenue; 2300 and 2305 Buena Vista Avenue; and 1712 Oak Street."
Adopted.
Councilmember Lucas moved final passage. Councilmember Appezzato
seconded the motion which carried by the following voice vote:
Ayes: Councilmembers Appezzato, Lucas and President Withrow - 3.
Nayes: Vice Mayor Roth - 1. Absent: Councilman Arnerich - 1.
94-311 Ordinance No. 2666, N.S. "Reclassifying and Rezoning
certain Properties within the City of Alameda by amending Zoning
Ordinance No. 1277 for that property located at 2301-2303 Buena
Vista Avenue.
Councilmember Lucas moved final passage. Councilmember Appezzato
seconded the motion which carried by the following voice vote:
Ayes: Councilmembers Appezzato, Lucas and President Withrow - 3.
Nayes: Vice Mayor Roth - 1. Absent: Councilman Arnerich - 1.
ORAL COMMUNICATIONS, NON-AGENDA (Public Comment)
None.
COUNCIL COMMUNICATIONS (Communications from Council)
94-312 Consideration of Mayor's nomination for an appointment to
Adjourned Regular Meeting, Alameda City Council
June 9, 1994
t 44,1
the Civil Service Board.
President Withrow nominated Barry Chinn for reappointment.
94-313 Consideration of Mayor's nominations for three
appointments to the Housing Commission (Includes one tenant-member
appointment- Two Year Term).
President Withrow nominated Solomon R. Edwards, Arthur A. Kurrasch,
and David A. Mercado for reappointment.
94-314 Consideration of Mayor's nomination for an appointment to
Library Board.
President Withrow nominated Katsuyuki (Kats) Sakamoto for
reappointment.
94-315 Consideration of Mayor's nomination for two appointments
to the Planning Board.
President Withrow nominated Gary Thomas and Benjamin D. Tilos for
reappointment.
94-316 Consideration of Mayor's nomination for an appointment to
Public Utilities Board.
President Withrow nominated Mark J. Hanna for reappointment.
94-317 Vice Mayor Roth inquired concerning the date of the Reuse
Authority Meeting.
The City Clerk replied that one Councilmember needs to respond,
however, it [date] appears to be moving toward July 13th.
ADJOURNMENT
94-318 President Withrow adjourned the meeting at 10:45 p.m., in
memory of John Barni, Sr., who attended a great many City Council
Meetings, and was a significant contributor to our City.
Respectfully submitted,
D 'NE B. Felsch, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
Adjourned Regular Meeting, Alameda City Council
June 9, 1994