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1993-10-19 Regular CC MinutesREGULAR MEETING OF THE ALAMEDA CITY COUNCIL OCTOBER 19, 1993 The meeting was convened at 7:37 p.m., with President Withrow presiding. Councilmember Appezzato led the Pledge of Allegiance. Reverend Robert Keller, Twin Towers United Methodist Church, gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Appezzato, Lucas, Roth and President Withrow - 5. Absent: None. ANNOUNCEMENTS OF CLOSED SESSION ACTION. - 93-640 Mayor Withrow announced that Council adjourned to Closed Session to consider: Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Mayor Withrow announced that guidance was provided to negotiator; no action was taken. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 93-641 Presentation of Certificate of Appointment to Florence K. Butter as At-Large Member of the Mayor's Transportation Systems Management (TSM) Committee. Ms. Butter was not present to receive the Certificate. 93-642 Presentation of Certificate of Appointment to Richard 0. Austin as At-Large Member of the Mayor's Transportation Systems Management (TSM) Committee. President Withrow presented the Certificate to Mr. Austin. 93-643 Presentation of Certificate of Appointment to Beth A. Kromer as At-Large Member of the Mayor's Transportation Systems Management (TSM) Committee. President Withrow presented the Certificate to Ms. Kromer. 93-644 Proclamation Declaring the Month of October, 1993, as ENDING HUNGER MONTH in the City of Alameda. President Withrow read the proclamation and presented it to Don Patterson of the Alameda Board of Realtors which promotes the annual Gift of Love Concert to benefit the homeless. October 19, 1993 38 CONSENT CALENDAR At the request of Councilman Arnerich, report 93-653 regarding Traffic Signal at Fernside Blvd./San Jose Avenue, was removed from the Consent Calendar for discussion. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. *93-645 Minutes of the Regular Council Meeting of October 5, 1993, and the Special Council Meetings of October 5, and October 12, 1993. Approved. *93-646 Report from City Attorney recommending Approval of Workers' Compensation Third Party Administrator Contract with Gregory Bragg and Associates. Accepted. *93-647 Report from Public Works Director recommending Award of Contract to Dutra Construction for the Construction of Bay Farm Island Bicycle Bridge, No. P.W. 1-92-01. Accepted. *93-648 Report from Public Works Director recommending Award of Contract to McGuire & Hester for Repair and Resurfacing of Certain Streets, Phase 15, No. P.W. 8-93-12. Accepted. *93-649 Report from Finance Director transmitting Quarterly Financial Report for period ending September 30, 1993. Accepted. *93-650 Report from Finance Director transmitting Investment Portfolio as of September 30, 1993. Accepted. *93-651 Resolution No. 12463 "Declaring Sources of Infiltration and Inflow from Storm Water on Private Property Located in the Sanitary Sewer Basin 93A to be a Public Nuisance; Setting Time and Place for a Public Hearing, and, Ordering the Public Works Director to Give Formal Notice to Property Owners Where Problems are Known to Exist." Adopted. *93-652 Bills, certified by the City Manager to be true and correct were ratified in the amount of $1,695,099.68. 93-653 Report from Public Works Director recommending Award of Contract for Traffic Signal Installation at the Intersections of Fernside Blvd./San Jose Avenue and High Street/Central Avenue, No. P.W. 8-93-11. Under discussion, Councilman Arnerich requested continuation of crossing guards at Fernside Boulevard and San Jose Avenue; and that cones and island curbs be repainted with reflectorized white paint within the next thirty days. October 19, 1993 389 Councilman Arnerich moved acceptance of the report and recommendation. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. AGENDA ITEMS Actions Related to Base Conversion Process. 93-654 Status Briefing on Base Conversion Process. John Scott Graham, Alameda, suggested the Maritime Academy in Vallejo be brought to Alameda. Neil Patrick Sweeney, Alameda, commented on meetings to be held related to base conversion, and suggested ideas for use of Naval Air Station property. Mayor Withrow, Vice Mayor Roth and Councilmember Appezzato reported on meetings attended concerning base closure. 93-655 Report from the City Manager regarding reconsideration of Approval of Approach for Acquiring Land at Harbor Bay Business and Research Park for a Soccer Field and for Submitting a Proposal to UCSF for a Build-to-Suit Lab; and Resolution No. 12464 "Setting Public Hearing to Modify Engineer's Report for Assessment District 92-1." Adopted. Don Roberts, Alameda, requested Council to defeat developer's proposal. John Barni, Sr., Alameda, stated he is not in favor of bailing out Doric Development. Gary Thomas, Alameda, spoke in favor of the project. Ed Clark, Economic Development Commissioner, stated the Commission supports the UCSF proposal. John Scott Graham, Alameda, expressed concern regarding toxic contamination. Diane Coler-Dark, Alameda, stated that financing should be contingent upon UCSF purchasing the land, and that she opposed the funding of a soccer field. Jerry Healy, M.D., Alameda, stated that UCSF will bring technology and jobs to Alameda. Bill Thomas, Alameda Sports Foundation, spoke in favor of the proposed soccer field site. October 19, 1993 Steve Brimhall, Doric Group, urged Council to support the proposal. Paul Makela, Bay Counties District Council of Carpenters, Oakland, spoke in favor of the project. Bill Garvine, Alameda Chamber of Commerce, urged Council to find a way to support proposal. Joe Mariscal, Alameda Soccer Club, stated that two additional full- size soccer fields are needed. Raymond Anderson, Alameda, encouraged Council to pursue proposal. Larry Schulz, Alameda, stated that the majority of citizens are in favor of the proposal. Councilman Arnerich stated he wrote an internal memo to the City Manager addressing issues of concern: appraisals, environmental study, type of lease, liability for repair or damage e.g., due to earthquake, cost analysis for construction, payment of costs; discussed type of bonds to be floated, total indebtedness of City; and stated he is satisfied with the City Manager's detailed answers. Stephen Casaleggio, Jones, Hall, Hill & White, explained financing options. Vice Mayor Roth commented that over 1.3 million dollars is lost to the City as a revenue stream, every year the Harbor Bay Business Park is not built out; Alameda's quality of life is impacted if the economic base is not kept up; the City should be working on its economic strategy; and UCSF is a magnet that should not be passed Up. Councilmember Lucas clarified that Vice Mayor Roth is indicating that the University would attract businesses to fill the rest of the Business Park if it locates there; however, if it does not, the land may sit idle much longer. Councilmember Appezzato stated he must vote his conscience and believes the vote for the proposal is to clear the indebtedness of Doric Development; when he sees a guarantee of a laboratory building, then he will vote for the project; and he does not see why the City should float bonds when the State could do it. Councilman Arnerich commented Council has stated that they want to see UCSF come to Alameda, and has promised soccer fields to citizens; cities are giving monies and floating bonds for sports stadiums and aiding businesses in order to provide jobs; noted construction of parks, school and fire station since Council accomplished Settlement Agreement with HBI; and discussed the need October 19, 1993 for soccer fields. Following further discussion, Councilman Arnerich moved acceptance of the recommendation [that Council approve the approach for acquiring land at Harbor Bay Business and Research Park for a soccer field and for submitting a proposal to UCSF for a build-to- suit lab and adopt the resolution setting a public hearing November 16, 1993, to consider modifying the Engineer's Report for Assessment District 92-1], with a proviso that a minimum of two soccer fields, 65 x 110 yards, be duly expedited; if soccer fields need to be removed, UCSF or Doric Group be responsible for relocation of them; and staff report back on November 30th, at a Special Council Meeting. Vice Mayor Roth seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, Roth and President -Withrow - 4. Nayes: Councilmember Appezzato - 1. Absent: None. Councilmember Lucas moved adoption of the resolution, and November 30th [as the date of hearing]. Vice Mayor Roth seconded the motion which carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, Roth and President Withrow - 4. Nayes: Councilmember Appezzato - 1. Absent: None. *** Council recessed at 9:20 p.m. and reconvened at 9:35 p.m. *** 93-656 Presentation by Chair, Historical Advisory Board, of the book, Historic Commercial Buildings of Alameda. Council commended the Historical Advisory Board and Woodruff C. Minor, the author of the book. David Plummer, Chair, Historical Advisory Board, gave the background of the grant obtained to publish the book, noting a Historical Advisory Board was a requirement to obtain the grant; commended Woodruff C. Minor, author of the book. Woodruff C. Minor, Berkeley, stated the book is the result of ten years of research, and hopes it can be of use to the City, businesses and others in the community. Mr. Plummer thanked the Victorian Preservation Society for their donation, which made inclusion of photographs in the book possible. 93-657 Report from Chair, Historical Advisory Board, recommending the City Council proceed with the proposal to renovate and restore City Hall and adjacent Fire House. Following comments by the Chair, Councilmember Lucas complimented the Board and City Manager for the financing proposal. October 19, 1993 Councilman Arnerich moved acceptance of recommendation. Councilmember Lucas seconded the motion. Under discussion, Vice Mayor Roth stated he could not support expending eight million dollars to renovate City Hall, especially when the building will not house all City Departments. The motion carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Lucas and President Withrow - 4. Nayes: Vice Mayor Roth - 1. Absent - None. 93-658 Report from the Public Works Director recommending adoption of Plans and Specifications and Calling for Bids for Alameda City Hall Renovation, No. P.W. 10-93-1. Councilmember Lucas moved acceptance of the report and recommendation. Councilman Arnerich seconded the motion which carried by the following voice vote: Ayes: Councilmembers Appezzato, Arnerich, Lucas and President Withrow - 4. Nayes: Vice Mayor Roth - 1. Absent: None. 93-659 Report from Assistant City Manager regarding Operation of the Golf Complex. Councilman Arnerich stated the City Manager should meet with Golf Pro during the next three months to discuss operational matters, and moved acceptance of the recommendation [to authorize staff to look at options to operate the Golf Complex, including in-house management]. Vice Mayor Roth seconded the motion. Councilman Arnerich also stated that the Golf Commission should provide input on the matter. John Barni, Sr., Alameda, commented that he believes the City is not collecting enough Payment In-Lieu Of Taxes from the Golf Course. The Assistant City Manager noted that the Golf Course transfers $385,000. to the General Fund. The motion was carried by unanimous voice vote - 5. 93-660 From Acting Chief of Police submitting status report on the Dragon Palace Disco. Councilmember Lucas stated she requested report, thanked the Acting Chief of Police, and moved acceptance of the report. Vice Mayor Roth seconded the motion. Under discussion, Councilman Arnerich suggested a fee be imposed for excessive Police Department responses. October 19, 1993 The Acting Police Chief responded that staff will explore the matter. the motion was carried by unanimous voice vote - 5. 93-661 Resolution No. 12465 "Designating October 27, 1993, as "National Unfunded Mandates Day" (NUMD). President Withrow stated Federal Unfunded Mandates have impacted cities and the State; the U.S. Conference of Mayors is communicating to the federal government that those mandates are hidden, silent taxes on the people, and must not continue. Councilmember Appezzato moved adoption of the resolution. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-662 Ordinance No. 2650. N.S., "Authorizing Execution of Amendment to Lease with Almar, Ltd. and Ballena Isle Marina." Councilmember Lucas moved final passage. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 93-663 Written Communication from Donald Lindsey, Lindsey Properties, Inc., Alameda, requesting a release of Alameda Theater fixtures for return to Theater owners. Vice Mayor Roth moved acceptance of the staff recommendation [that the two lamps be turned over to the new Alameda Theater owners, Mr. & Mrs. John Cocores, for inclusion in a restored theater, with the stipulation that the lamps remain a permanent part of the renovated theater, or be returned to the City; also, if, and when, the other two lamps and the mirror are located, that they also be turned over to the new owners, under the same conditions]. Under discussion, Councilman Arnerich commented it should be stipulated that when the building is turned over, the fixtures are returned to the City. Councilmember Lucas stated the fixtures should go to the Alameda Museum for safekeeping. Councilman Arnerich stated that top priority should be given to locating the missing items, and Council should receive a report on the matter. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA October 19, 1993 93-664 John Scott Graham, Alameda, commented on reasons he opposes NAFTA; and discussed Proposition 174 on the November Ballot. 93-665 Gerhard Degemann, Alameda, stated Council should offer a reward for the return of the fixtures [discussed under Paragraph 93-663]. Clayton Guyton, Alameda, stated that the suggestion to impose a fee for excessive Police Department responses could be a detriment. Vice Mayor Roth stated he agreed. NEW BUSINESS AND UNFINISHED BUSINESS 93-666 Discussion of, and authorization to, reschedule the November 2, 1993, Regular Council Meeting to Wednesday, November 3, 1993, due to the November 2, 1993, Special Statewide Election. Councilman Arnerich moved to reschedule the November 2, 1993, Regular Council Meeting to Wednesday, November 3, 1993. Vice Mayor Roth seconded the motion which carried by unanimous voice vote - 5. 93-667 President Withrow requested City Manager agendize discussion on possible need for a Human Impact Subcommittee of BRAG. 93-668 Councilman Arnerich commended staff for their diligence, and extra time and effort, expended for extra meetings that have been held [in recent months]. ADJOURNMENT President Withrow adjourned the meeting at 10:30 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. October 19, 1993