1991-09-03 Regular CC Minutes257
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA.
SEPTEMBER 3, 1991
The meeting convened at 7:30 p.m., with President Withrow presiding.
The Pledge of Allegiance was led by Councilman Arnerich. Reverend
Wilfred H. Hodgkin gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth,
and President Withrow - 5.
Absent: None.
ANNOUNCEMENT OF CLOSED SESSION ACTION(S)
President Withrow stated Council did not go into Closed Session.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY.
91-614 Introduction of Marie Smith, President, College of Alameda by
Peralta Community College District Board of Trustees Member Amey
Stone.
Trustee Stone introduced recently appointed Dr. Smith to the Council
and Dr. Robert Scanlon, Chancellor, Peralta Colleges, who submitted
Dr. Smith's name for the petition. Dr. Smith and Dr. Scanlon
addressed Council. Mayor Withrow congratulated Dr. Smith for her
selection; and Trustee Stone for her part in the process.
91-615 Presentation of Certificate of Service.
Mayor Withrow commended Chet Broadley, Former Senior Tenant Member,
Housing Commission, for his service on the Commission. [Mr.
Broadley was not in attendance to receive his Certificate.]
91-616 Presentation of Certificate of Appointment to Judy Rodriguez,
Non-Voting Youth Representative to the Social Service Human Relations
Board.
Mayor Withrow described the qualifications necessary for appointment
as Youth Representative; presented the Certificate to, and
congratulated, Ms. Rodriguez.
91-617 Presentation of Certificates of Appointment to Members of the
Navy Base Committee.
Retention: Joseph M. Frenchwood, Jr.
Current Operations: Chuck Corica
Strategic Planning: Kenneth Hansen
President Withrow presented a Certificate to, and congratulated, each
of the Members noted above. Former Mayor Corica thanked
Councilmember Lucas for appointing him; and expressed an interest in
serving on the Retention Sub-Committee, and exchanging positions with
Mr. Frenchwood.
September 3, 1991
256
91-618 Presentation of Certificates of Reappointment to Members of
the Solid Waste Management and Recycling Committee.
Jim Kennedy
Doug Linney
Barbara Evans
Bruce Young
Don Roberts
President Withrow presented Certificates to, and congratulated, the
Committee Members noted above, with the exception of Barbara Evans
who was not present; he commented the ongoing educational and
motivational aspects of the program necessitate continuation of the
Committee; and noted the Committee will define dates that will
stagger appointment dates of Members.
CONSENT CALENDAR
Councilmember Lucas stated she will abstain on a portion of the
Minutes item (*91-619) August 15, 1991, as she was not in attendance;
President Withrow announced: the reports regarding attendance at a
Cable Workshop in Tennessee (91-628), Measure D Funding for Recycling
Programs (91-629), acceptance of work on construction of Towata Park
(91-630), and acceptance of work on construction of Tillman Park
(91-631), were pulled from the Consent Calendar for discussion.
Councilmember Roth moved the remainder of the Consent Calendar.
Councilmember Lucas seconded the motion which was carried by
unanimous voice vote - 5. [With Lucas abstention on August 15, 1991,
Minutes (*91-619)
Items so enacted or adopted are indicated by an asterisk.
*91-619 Minutes of the Regular Council Meetings of August 6, 1991,
and August 20, 1991; and the Special Council Meetings of August 15,
1991 and August 20, 1991. Approved. [Lucas abstained on Minutes of
August 15, 1991, due to absence from meeting.]
*91-620 Report from Public Works Director recommending award of
contract to Ransome Company for the repair of Portland Cement
Concrete Sidewalk, Curb, Gutter, and Driveway in various locations,
No. P.W. 7-91-9. Accepted.
*91-621 Report from Personnel Director regarding Employee Paid
Optional Life Insurance. Accepted.
*91-622 Resolution No. 12148 "Amending Resolution No. 11885
Appointing Ronda C. Cohn as a Member of the Cable Television
Oversight Committee." Adopted.
*91-623 Ordinance No. N.S. "Authorizing execution of lease
between City, as Lessor, and Alameda Swimming Pool Association, as
Lessee, for Swimming Pool Facilities at Lincoln and Franklin Parks."
Introduced.
*91-624 Ordinance No. 2565, N.S. "Amending the Alameda Municipal
Code by amending Article 8, Chapter 3, Title II thereof, prescribing
Membership, Term of Office, Removal, Qualification, and Voting of the
September 3, 1991
259
Economic Development Commission." Adopted. [Heard in conjunction
with *91-625]
*91-625 Resolution No. 12149 "Prescribing Membership, Term of
Office, Removal, Qualification and Voting Pertaining to the Economic
Development Commission." Adopted. [Heard in conjunction with
*91-624]
*91-626 Ordinance No. 2566f N.S. "Amending Sections 11-1316(a),
11-1320(b), 11-1324(a), 11-1331(a), 11-1355(b), Article 3, Chapter 1,
Title XI of the Alameda Municipal Code relating to Zoning District
Densities." Adopted.
*91-627 Bills, certified by the City Manager to be correct, were
ratified in the amount of $3,220,546.76.
91-628 Report from the City Manager requesting authorization for a
representative from the Council and staff to attend the American
Public Power Association's Cable Workshop on September 26-27, 1991 in
Memphis, Tennessee. Accepted.
Councilmember Roth stated he had a reservation concerning sending
someone from Council to the workshop; has no problem sending the
staff representative.
President Withrow stated the subject matter is important; and
requested the City Manager address funding.
The City Manager replied items are budgeted each year for the City's
Cable functions; there is a requirement to do some travel each year
involving Cable TV.
The Assistant City Manager stated part of ordinance creating the
Cable Television Oversight Committee requires that members of the
Committee and staff attend one annual function of this sort.
Councilman Arnerich stated the Assistant City Manager who has been
involved in the Cable TV function since its inception, and
Councilmember Camicia, having been employed by KQED Cable Television,
would be excellent representatives.
President Withrow stated the Workshop will examine the option of
municipal ownership of Cable TV and the concept to be discussed is
the utilization of public power facilities for the transmission of
Cable TV; given the fact that the money is set aside for travel,
this issue is worthwhile investigating.
Councilmember Camicia stated he is not sure he will be available to
attend; but if possible, he will.
Councilmember Roth suggested if Councilmember Camicia cannot attend,
perhaps another Committee Member, or someone from the PUB, can go.
Councilman Arnerich moved to send Councilmember Camicia and the
Assistant City Manager and if Councilmember Camicia cannot attend, he
can report to Mayor to poll Council as to whom the alternate will be.
September 3, 1991
260
Councilmember Lucas commented if that should occur, perhaps
Councilman Arnerich should be considered, and seconded the motion.
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, Lucas and President Withrow - 4.
Noes: Councilmember Roth - 1. Absent: None.
91-629 Report from Public Works Director on Measure D Funding for
Recycling Programs. Accepted.
President Withrow stated he pulled the matter to highlight it;
Measure D was passed in November to provide for a funding source for
local and Countywide recycling programs, called for $6 per ton charge
for dumping at the two basic dumpsites for this area; City of Dublin
challenged Measure D in court that the $6 fee was a tax and under
Prop 13, a tax requires a two-thirds vote; the Measure passed by a
simple majority; not receiving the funding from Measure D for the
first quarter, will cost Alameda $152,707; the court decision is one
that can be appealed; in the meantime, Alameda must find alternate
ways to provide financial coverage for the recycling as well as other
programs for reduction of the waste stream as mandated by the State.
Councilmember Lucas moved recommendation. Councilmember Roth
seconded the motion which was carried by unanimous voice vote - 5.
91-630 Report from Recreation and Park Director recommending
acceptance of the work by Gateway Landscape Construction, Inc., for
construction of Towata Park, No. P.W. 10-89-19. Accepted.
Councilman Arnerich commended Scott Catlett, Recreation and Parks
Director and Robert Warnick, Public Works Director, for the
completion of Towata and Tillman Parks [91-631], commenting that the
construction was done on time and under budget, saving the City about
$56,000; and moved adoption of both items. Councilmember Roth
seconded the motion which was carried by unanimous voice vote - 5.
91-631 Report from Recreation and Park Director recommending
acceptance of the work by Valley Crest Landscape, Inc. for
construction of Tillman Park, No. P.W. 1-90-01. Accepted.
The Mayor announced he had a request that the report regarding the
consolidation of City facilities be taken out of order.
Councilmember Camicia so moved. Councilmember Roth seconded the
motion which was carried by unanimous voice vote - 5.
AGENDA ITEMS
91-632 Report from Public Works Director regarding the consolidation
of City Hall, Bureau of Electricity [B of E], and a Fire Station at
one location. (Councilmember Roth)
Councilmember Roth stated one of his concerns is discussion for a new
Bureau Building for $3,000,000, renovation of City Hall for $5-
September 3, 1991
261
$6,000,000, parking structure at $4,000,000; library at $9,000,000,
etc., and with all of that, a scattered, inefficient system would
exist; building one complex would save millions of dollars in
construction cost; and Council needs to look at that and provide
that option to the people.
President Withrow stated the Board of Education administrative
offices might also be considered.
Councilman Arnerich stated a complex may seem prudent but many times
does not work out to be practical; inquired about status of City
Hall rehabilitation, and how far back that work might be pushed by
consideration of a complex.
The City Manager replied three years of effort have been put into
renovation of the building; described work to be done, e.g., seismic
upgrade, workflow efficiency; cost would be about $200 square foot;
for a new site: a site must be found, environmental review process,
etc., would require at least a few years; how the civic center
should look, whether new or historical, should also be considered.
Councilmember Roth commented a new City Hall could be built for
$2,500,000 with same square footage as current City Hall.
The City Manager noted that would be in addition to cost of land.
Councilmember Roth stated when City Hall is rehabilitated, office
space would still be inefficient, and he does not believe that
reflects good business sense; and commented on possibility of having
private enterprise construct a building which the City could rent.
Councilmember Lucas stated she has concerns: Alameda is a
traditional community; and public outcry has been made over
dicussion of abandonment of historic buildings, e.g., Historic
Alameda High School; if the City abandons downtown Alameda, everyone
would be hurt economically with unreinforced masonry buildings
standing empty, and would destroy community's historic core; modern
buildings are not always efficient; and she believes City Hall and
general area should not be abandoned.
Councilmember Camicia stated unreinforced masonry work must still be
done on City Hall whether the City moves out or not; and questioned
spending $50,000 [on a concept study] and two and one-half years to
do an assessment, and still needing to do [renovation] work on City
Hall.
President Withrow stated Councilmember Roth is indicating Council
should review so that citizens are aware of the money being spent and
the options and alternatives; if $10 - $15,000,000 may be spent on
civic buildings, there is some merit in spending $50,000 to review
options.
Councilmember Lucas commented if [concept study] takes only three
months, and there is a budget crunch, perhaps should wait.
Councilmember Roth remarked putting the matter off will not make the
September 3, 1991
problems go away.
Councilman Arnerich stated Council is committed to preservation of
City Hall; he does not want to go into changing the General Plan,
getting away from Civic Center concept discussed for many years, for
consolidation; he cannot see any harm putting the matter off three
monnths as the process will take five to twenty years; if
Councilmember Lucas has a motion to table this [matter], he will
second the motion.
Councilmember Lucas stated for clarification, she had in mind to put
the matter off until a more realistic time when funds are available
to remodel or build something new; there is a three-month process,
she would propose a six-month review.
Councilmember Camicia stated if some money is spent now, perhaps
millions can be saved; the people should have opportunity to choose
options; his concern is that if the City moves out of City Hall, it
would still cost one or two million dollars for required masonry
work, and who will occupy the building must be considered.
Councilmember Lucas stated $50,000 is being considered for
preliminary investigation on an idea that she believes will cause
public outcry; she is opposed to that expense when the City is
having difficulty with department funding.
Councilmember Camicia stated there might be more public outcry if
millions are spent and later it is found that much less could have
been spent.
The Public Works Director stated the report had two preliminary
steps: 1) staff spend four months getting space studies, then 2) the
architect do a concept study, for a total of about seven months.
Councilmember Roth commented staff could go ahead for the four month
study, then Council could review matter and determine whether or not
to proceed with architectural consultant; and moved staff look into
the matter.
Councilmember Camicia seconded the motion.
Councilmember Lucas commented Council is cutting staff and problems
will arise if Council keeps adding chores to staff when there is a
freeze on hiring and possible cuts, therefore it is not fair to
impose additional work which contradicts work done thus far and for
which architects have been paid, e.g., the General Plan, and specific
plans for Civic Center, Redevelopment District; and which would
negate everything done for the last ten years including the library;
and she will vote no.
The vote on the motion was as follows: Ayes: Councilmembers
Camicia, and Roth - 2. Noes: Councilmembers Arnerich, Lucas, and
President Withrow - 3. Absent: None.
91-633 Written Communication from Councilmember Karin Lucas regarding
the New Service Center for the Bureau of Electricity.
September 3, 1991
263
Councilmember Lucas stated the Bureau gave her a thorough briefing on
the facility, she agrees it is far from ideal and needs major work;
however the question is at this time, when funds are short, if a new
building is justified; and wants more public input into this matter.
William McCall, President, Public Utilities Board [PUB], presented a
Fact Sheet [regarding needs of roof rep].acement, heating/ventilation
system, seismic modifications, handicap access, asbestos removal,
etc.]; noted growth of Bureau, services, expansion of computer
system, personnel, repairs needed to bring building to seismic
standards and handicapped access standards; cost of project;
reviewed background of interaction with City Council; compared cost
of new construction and alternatives; and introduced PUB Board
Members, Bureau staff members, and architect.
Councilmember Roth stated the present site should not be used for new
building because of inadequate parking, and questioned why land
should be leased for storage area, instead of having one complex.
Mr. McCall replied cost of land is high; indicated no one would
want to buy Bureau's seismically unsafe building; he would like the
Naval Reserve Training Center [site], that would take 8 to 10 years,
and if the Bureau has a new building, that could be sold.
Councilmember Roth stated combining facilities is not being looked
at.
Mr. McCall stated he suggested South Shore for a Civic Center before
sale to developers; citizens were upset; Bureau discussions were
started many years ago and Alamedans are not going to change their
minds.
Larry Starr, Bureau Assistant General Manager, stated another space
was considered; currently the Bureau leases 10 spaces from its
neighbor; $3,100,000 is to be paid to construct a new building; to
go elsewhere would require three acres and warehouse facility, and
other storage buildings would need redoing and would raise cost of
project to $6,600,000; because of problem of funding 3.1 million,
attempting 6.6 million did not appear feasible; the Bureau has a
five-year license agreement with the Naval Reserve Center for 28,000
square feet for $37,500 per year.
Councilman Arnerich discussed the number of parking spaces for
employees and customers with Mr. Starr, and the effect of declining
revenues if the Naval Air Station is closed.
Mr. Starr stated the debt is relatively short term and should be
paid off within the next five to seven years, which would be before
the Navy could be out of the area.
Al Chamorro, Managing Partner, Hallenbeck, Chamorro & Associates,
Alameda, stated design development phase progressed, was given to
cost consultants for estimates; existing building shell was designed
as one-story structure; second floor addition left little space for
mechanical/electrical systems and sprinklers; that brings prices up;
September 3, 1991
for the same cost per square foot, a new state-of-the-art building
can be provided for the same cost per square foot, with flexibility
for further modification as uses change, not possible with old
building.
To President Withrow's inquiry, Mr. Chamorro replied the repair
costs include a 15 per cent basic contingency for unknowns.
At Councilman Arnerich's suggestion, the City Manager, as Member of
the PUB, stated the Bureau building needs improvement; another site
would require considerable money and the total cost to move to
another site would cost more than building on the current site; a
new site would have a better building, more parking but whatever is
done, a new building is necessary and the time is right.
Amey Stone, Alameda, stated if the Navy leaves, there would be a
scale-down of activity and a scale-down of revenue to the Bureau;
she appreciates the inadequacy of the building; but she sees no
undergrounding going on, and she would like to see that evaluated.
Councilman Arnerich stated if the Navy leaves, Council is looking at
ten years, and building debt service will be cared for before then;
undergrounding must be implemented but cannot be completed soon.
At President Withrow's
undergrounding, stating
underground program is
probably take close to
increase costs.
request, the City Manager commented on
a limited program is in effect; an ongoing
progressing but is very expensive and will
100 years to do it, unless the PUB votes to
Councilmember Lucas stated when she served on the Council previously,
undergrounding became an issue because P.G.&E. had set aside a fund,
so a Bureau fund was started.
The Assistant General Manager, Business and Finance, stated the
current amount in the fund is almost $600,000; the Bureau must
coordinate with all other utilities, e.g., easements must be
acquired, and that has been a holdup.
Mr. McCall stated the only [body] that can authorize undergrounding
is the City Council.
Councilman Arnerich stated the proper time for financing is now; and
he would like to accept the recommendation which authorizes the PUB
to proceed with reconstruction and debt financing of the facility,
and that is his motion. (Motion failed due to lack of a second)
Councilmember Camicia stated he agrees with Mrs. Stone that if money
is spent, it should be spent on ratepayers; Council has an option;
he does not want money spent on a new structure when the Naval Air
Station's future is unknown; utilities should be undergrounded.
Councilmember Lucas stated the roof needs to be repaired now; some
items must be done; e.g., the heating/cooling system; and Council
should encourage PUB to go ahead with those two items and so moved.
(Motion failed due to lack of a second)
September 3, 1991
President Withrow questioned cost of those two items.
Mr. Starr stated for $1,260,000, the Bureau could repair the roof,
replace air conditioning, make seismic upgrades and probably some
minor modifications in the building.
Councilman Arnerich clarified that for $3,100,000, a new facility
could be procured that will last a number of years; indicated repair
would put money into inadequate facility; borrowing money now is at
the best rate possible; and moved to authorize the PUB proceed with
reconstruction and debt financing for the building on Grand Street.
Councilmember Roth seconded the motion.
President Withrow stated he is ready to vote as a business decision;
the Bureau is a City department but must be operated in a different
fashion than some of the consuming departments, and called for the
question.
The motion carried by the following voice vote: Ayes:
Councilmembers Arnerich, Roth and President Withrow - 3. Noes:
Councilmembers Lucas and Camicia - 2. Absent: None.
91-634 Written Communication from Raymond and Michelle Jordan,
owner-operators of the Twilight Zone, Alameda, expressing various
concerns related to operations of the Club.
Mr. Jordan, stated he would like his business treated fairly;
problems occur outside his club where he does not have jurisdiction;
noted other areas in Alameda which have not been closed down and
compared police activity at other places e.g., Hot Rod Cafe,
Johnny's; Twilight Zone has uniformed security as required; other
clubs receive police protection, and he wants equal treatment and
opportunity to have permit.
Virginia Fusie, stated she has gone to Twilight Zone a few years;
club is required to close at 2:00 a.m. at the same time bars close,
which makes people feel unsafe; opening club was a good thing; and
she feels safe inside the club with members.
Ralph Hipol, Oakland, stated Twilight Zone is alternative to hanging
out on street corners, racing cars, etc.; dancing in controlled
environment with security guards, adult supervision and no alcohol or
drugs is more wholesome and socially acceptable way to have fun and
the City should encourage such activity and aid those trying to
provide it.
Bill Oliveri, Alameda, stated young people having a good time with no
alcohol and drugs in a well-managed place is a good thing; and it is
bad if all persons must leave at 2:00 a.m., at the same time as
drunks from bars.
Richard Alcala, Alameda, stated he has gone into the club and watched
the supervision, with never any trouble; some young people outside,
who cannot get in, sometimes start trouble, and questioned why there
is no police patrol which would help the situation.
September 3, 1991
Tony Rivas, San Leandro, stated in three and one-half years there has
been no trouble; Jordans should be helped, and given annual permit.
Harold Stewart, Alameda, stated he is an instructor at Mastick, a
regular attendee at the Twilight Zone for two years; the Jordans
need community support; and they should get a full year's permit.
Al Wright, Alameda, urged City understand and treat that business as
equally and fairly as any other night-time entertainment business in
the City.
The City Attorney stated there is an appeal process for people
dissatisfied with terms and conditions of dance permits; with
respect to specific conditions, Mr. Jordan's complaints should be
directed to the Police Department; if an Appeal is heard, Council
would hear it at that time; general discussion of policies or issues
can be held, and the one specific issue the Jordans wrote about, to
have an after-hours dance club, could be addressed by Council as
Alameda Municipal Code could be amended to allow private clubs to
open after 2:00 a.m.
President Withrow inquired if the Jordans were apprised of Appeal
process, and the Jordans replied they just received the information.
Councilmember Lucas inquired to what time the Jordans wish to stay
open, to which Mr. Jordan stated from 1987 to 1990, the bulk of the
crowd left between 2:30 a.m. and 3:15 a.m., when the crowd was down
to 30 or 40 people, the last dance was announced, rarely past 3:30
a.m.; traffic problems did not occur.
Councilman Arnerich discussed police assistance with Mr. Jordan;
inquired if Mr. Jordan was looking for a gradual dispersal after
2:00 a.m., to which Mr. Jordan answered affirmatively; and whether
Mr. Jordan had discussed the matter with the Police Chief or his
Captain (Mannix), to which Mr. Jordan replied he had not.
Councilmember Lucas stated she is impressed by the testimony, would
like opinion from Police Chief about risks if Club remains open until
4:00 a.m.; and if additional clubs might want to be open after 2:00
a.m.
President Withrow stated if Alameda opened up to 3:00 or 4:00 a.m.
for dance permits, that could set Alameda apart from the rest of the
Bay Area and potentially, clubs could be all over
Councilman Arnerich stated Mr. Jordan and Police Department should
discuss hours of operation, determine what is feasible for both
parties; if agreement is reached, perhaps (Council) could extend
permit for one year; and moved to let appeal process take place
between Mr. Jordan and Police Department; inquired if Mr. Jordan
was agreeable and Mr. Jordan replied affirmatively.
Councilmember Camicia stated he would like an amendment to the motion
that police coverage in other areas of the community not be hampered
(by any agreement reached). He suggested a look at the ordinance to
September 3, 1991
67
see if club could be required to have more security and pay for it.
President Withrow stated the problem appears to be external; some
communities subsidize police officers so that people with
jurisdiction and training can take care of problems.
Councilmember Lucas stated she is impressed by the organization;
there are not many places without exposure to liquor and drugs for
young people to go; and believes Jordans are doing an excellent job.
Councilman Arnerich questioned if private organizations must stop
dances at 2:00 a.m.; e.g., Elks, to which the City Attorney replied
that her understanding is every place in Alameda is subject to the
2:00 a.m. dance-closing rule.
Councilman Arnerich stated he would like to see the police and
Jordans talk about hours of operation, what is feasible for both
parties involved; and if police. Jordans and City agree on
something, perhaps the 1)ermit could be extended to one year. Moved
that the appeal process tak3 place between Mr. Jordan and the
Alameda Police Department.
Councilmember Lucas seconded the motion.
Councilmember Camicia requested that the focus be that they work out
whetever they want but in no way must it hamper the police coverage
in any other area.
Councilman Arnerich agreed and would like the meeting to take place
quickly, with no delays.
Councilmember Roth stated he would like to review the dance permits
of bars and wants a comparison, would like to know different
conditions placed on different places, look at the whole situation.
Councilman Arnerich said he's concerned about Mr. Jordan and his
rights, he is to meet with the Police Chief, in terms of hours,
enforcement, pay, security, then come back and let Council look at
it.
The motion was carried by unanimous voice vote - 5.
91-635 Report from Public Works Director regarding the status of the
Ferry operated by Harbor Bay Maritime. (Councilmember Lucas)
Ron Matthews, Treasurer, Community of Harbor Bay Isle Owners'
Association, Vice-Pres., Baywood Village Homeowners Assoc. stated
people are frustrated with processes; if Council can make it
possible for citizens to conveniently use ferry systems which may be
available to them through Harbor Bay Maritime, it would be good for
the citizens.
Jerry Kelly, Alamedans for Harbor Bay Ferry Service, stated the group
of almost 100 persons, urged Council to put a ferry into service on
the East end of Alameda as soon as possible; believe ferry service
will be beneficial and alleviate traffic problem.
September 3, 1991
Pam deSimone, President, Community of Harbor Bay Isle Owners
Association, stated the Association encourages Council to take any
action, including the City running the operations itself, to get the
Harbor Bay Ferry Service underway; about 2,000 persons have signed
petition indicating support of ferry system, required by City in
Settlement Agreement with Doric Development, and which predates West
End Blue and Gold Service by several years; the new service will
generate an expanding market of ferry patrons utilizing both systems;
and East end patrons would use BART shuttle, bicycles or walk to the
ferry, thus removing autos from the roadways.
Joann Duffy, Alameda, stated the ferry service would be convenient
and would be good to have in place if another earthquake takes place.
Simon Levine, Alameda, opposed the Ferry, stated he believes it
unfair to citizens of Alameda to need to subsidize another ferry.
The City Manager stated Blue and Gold for the past month has achieved
900 passengers per day and has done better than a break-even with a
subsidy and stated there is no subsidy for the Harbor Bay Isle ferry
service; this is a requirement for the developer and costs the City
nothing.
Mr. Levine stated the "no-subsidy" is only good for three years,
what happens after, and who pays.
Christopher Hanson, Alameda, stated the Blue and Gold ridership is
60% from Alameda and part of their charge is to increase ridership
from Oakland; expressed his view of ridership and the obtaining of a
ferry for Harbor Bay Isle.
Councilmember Lucas stated she asked this matter be agendized; she
was on Council in 1983-87 and ferry system was worked on;
bureaucratic impediments to the ferry service existed at that time;
everyone complains about congestion of highways, pollution by
automobiles; [the ferry] is a way of achieving public transportation
subsidized by a developer and there is an attempt to stop that which
does not make any sense to her; she would like the ferry in service
as soon as possible, and if it is necessary to contract with Doric
Development or Harbor Bay Maritime, that is fine with her.
Councilman Arnerich stated it is evident the ferry service is needed,
autos must be removed from the highways, people need to be
transported; Council supported the HB Ferry Service about a year
ago; the stalling was not at the Council level, but at various
regulatory agencies throughout the State; while he wants the ferry,
he does not want it involved in the municipality, incurring debt;
asked City Attorney to address if City should take over system,
funding, lilabililty, involvement of Public Utilities Board under
Section 12-1 of City Charter, and explain the three facets of the new
documents: the proposed resolution, funding agent and service agent.
The City Attorney responded the matter was agendized for information
only, there will be significant staff work required in implementing
this including resolution on sole source, agreement with Harbor Bay
September 3, 1991
9
Maritime; funding agreements, addressing of Planned Development
amendment; the document preparation has not been completed.
Councilman Arnerich inquired about the Public Utilities Board having
jurisdiction under City Charter Section 12-1.
The City Attorney responded there is a question under the City
Charter about whether the ultimate approval agency for this matter
will be the Public Utilities Board or the Council because Section
12-1 states the PUB is in charge of Public Utilities furnishing
transportation.
Councilman Arnerich stated there are many things that are not yet
understood, and inquired about a hearing with the Public Utilities
Commission (PUC); to which the City Attorney responded there is a
hearing scheduled for Monday regarding free service on the weekend
and the application for the PUC to grant a permit to operate.
Bill Bagley, former president of PUC of the State of California,
reviewed the PUC proceeding and the process which must take place
before the matter is on the agenda for the five-person commission in
December or January; there is proposed a form of agreement where the
City becomes the operator of the service, though not the vessel,
which takes the operation out of the jurisdiction of the PUC; a
funding agreement has been prepared which totally indemnifies the
City, and the assets of Doric will back; the City can operate the
service without PUC approval and can contract with the operator, and
does not believe the Charter is an impediment.
Councilman Arnerich discussed liability and insurance with Mr.
Bagley.
President Withrow said what is being done tonight is reviewing an
information document which has come from the Public Works Director
via the City Manager that calls for the possibility of a concept
being used. The action tonight would not commit Council to a fixed
course of action; the only action would be to give guidance to the
staff with respect to what Council would like staff to bring back to
Council.
The City Attorney said that was correct.
President Withrow stated what this Council needs to do this evening
is determine in concept whether a ferry is desired running out of the
East End, called for in a Settlement Agreement, mandated on a
developer; traffic mitigation is needed on the East End, the West
End is not accessible in a convenient manner for residents of the
East End and Bay Farm Island; as Vice Chairman of the Congestion
Management Agency for Alameda County, he believes Council has no
choice but to look for all alternatives of transportation modes, he
maintains for the long term the City should not operate a ferry
system; but pragmatism calls for the City to step in and take over
what the rest of the government process cannot do, and that is,
operate a ferry system until completion of the processes of the PUC,
if the City is made risk-free, he is assured that type of
indemnification can be done; and he understands a documentation
September 3, 1991
27C
package can be back to Council within thirty days.
The City Attorney said that was correct.
In answer to President Withrow's question, the City Attorney
responded, from a legal standpoint, the ferry could be on-line
immediately.
Councilmember Camicia moved to instruct staff to begin the process
and return on October 1st.
President Withrow acknowledged a Petition to the City supporting
ferry service on West and East Ends; establishment of Ferry Service
from Harbor Bay Island; urged City and PUC take all actions
necessary to begin service immediately and signed by 2,000 people.
Councilmember Lucas seconded the motion.
Councilman Arnerich stated he will not be voting on that until he has
the assurance of the City Attorney and through her office that the
City would have the legal entitlements that go along with it, in
terms of bonded indebtedness, indemnification, bonding, etc. and
would like whatever is included in the package to reflect these
issues, and should not reflect any monies from the General Fund.
Councilmember Roth inquired if an update could be read on the 17th.
City Attorney stated a status report could be provided.
Councilmember Roth made a motion to extend the meeting to midnight.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
The motion was carried by unanimous voice vote - 5.
91-636 Written Communication from Herbert Shelmadine requesting an
Amendment to Council Resolution 11887, #25, to permit concrete paving
of the planting strip in front of his home.
Mr. Shelmadine stated he would like to be able to cement planting
strip; if the City agreed, he would put in a tree; foot traffic has
increased; Planning Board said there was not enough foot traffic to
justify the cement; and he would like an opportunity for a rebuttal.
Mrs. Shelmadine requested Council rescind staff's decision to not
allow the area to be cemented; the cementing would be a safety asset
and would improve the appearance of the property.
Councilmember Camicia stated the matter deserves another look; and
moved to refer the matter back to the Planning Board.
Councilman Arnerich stated he agreed but doesn't think it needs
another look; many people are doing this; they cannot afford the
upkeep of the strips, the watering, etc.; and he will support the
motion to send this back to Planning Board for review.
September 3, 1991
271
President Withrow stated he supports it also but would like to
comment that he has driven around the City to observe the strips and
they are in poor shape; most are dirt strips; where residents have
used cement or rock, the area is substantially improved.
Following the City Attorney's explanation of Council's options, and
Council discussion, Councilmember Camicia moved staff to take
appropriate action to amend Paragraph 25 of Council Resolution No.
11887 (striking section on pedestrian traffic).
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
91-637 Hearing on the Preliminary Draft Source Reduction Recycling
Element for City of Alameda.
Councilmember Camicia moved the recommendation. Councilman Arnerich
seconded the motion which was carried by unanimous voice vote - 5.
Doug Linney, Member, Solid Waste Recycling Committee, stated he was
part of the subcommittee to review the plan and make comments to the
City which were forwarded to Council; and he highlighted a few items
in the report, commented on State mandate regarding waste reduction;
addressed Measure D funding, would like to see composting program
start earlier than 1995 advocated in the document, discussed rates;
suggested Council pass a resolution urging Solid Waste Authority to
put in a tipping fee to pay for this program.
Councilmember Roth discussed the 20 gallon mini-can rate with Mr.
Linney.
The Management Analyst stated staff is working with Oakland Scavenger
to offer recycling incentives to landlords the same as with
residential units but currently there is no monetary incentive.
Bruce Young, Alameda, Solid Waste Recycling Committee reviewed some
of Committee's considerations and stated the Committee will be
recommending the City to go on record showing regional, state and
national organizations that cities are willing to make a commitment
to support waste reduction and recycling.
Councilmember Camicia moved the recommendation. Councilman Arnerich
seconded the motion which was carried by unanimous voice vote - 5.
91-638 Report from City Manager proposing a Policy to Name City
Property.
Gerhard Degemann stated three years ago, Council requested Historical
Advisory Board (HAB) to provide proposal and criteria to name
streets; he requested Dr. Alice Challen and Chuck Corica be on
street name list; but the names are not on the list at this time.
In response to Mr. Degemann, the City Manager noted Dr. Challen's
name appears on the HAB list; stated staff would check with the HAB
regarding former Mayor Corica not appearing on the Board's list of
possible street names, and if the name should be on, it will be
September 3, 1991
added.
Councilmember Roth inquired if there is any reason (established)
street names should have name changes.
President Withrow commented there is a substantial cost involved in
changing names; and clarified Mr. Roth appears to want policy to
address change of names as opposed to initial assignment of the name.
Councilmember Lucas moved addition to draft policy to address the
issue of change and bring the matter back to Council. Councilmember
Camicia seconded the motion which carried by unanimous voice vote -
5.
91-639 Report from City Manager on Personnel Responsibilities of the
City Manager for City Departments. (Councilmember Camicia)
Councilmember Camicia stated the point he believes is most important
is in the first paragraph under Discussion; "Under these sections of
the Charter, Mr. Logan opined that the General Manager of the Bureau
should be subject to appointment, discipline and removal by the City
Manager; and that Appeal of discipline of employees of the Bureau,
should be to the City Manager;" he wants to see that happen; wants
to see both the Bureau and the Library continue as departments of the
City, and to do that the Code must be amended.
Councilmember Camicia moved the Alameda Municipal Code be amended, in
conformance with the Charter, so that the General Manager of the
Bureau and Library Director are appointed by the City Manager.
Councilmember Lucas seconded.
Councilman Arnerich said the Opinion was rendered by Bob Logan
several weeks ago to Council; and inquired if the City Attorney
agreed with the Opinion.
The City Attorney replied affirmatively.
The motion was carried by unanimous voice vote - 5.
91-640 Report from Planning Director recommending City Council grant
a hearing for the Appeal of the Planning Board's approval of Use
Permit UP-90-184.
Councilmember Camicia moved to grant a hearing for the Appeal.
Councilmember Lucas seconded the motion, which was carried by
unanimous voice vote - 5.
91-641 Report from Finance Director recommending City Council
implement Phase II Budget Reductions.
Diane B. Coler-Dark, Alameda, questioned how Council can build a new
fire department on Harbor Bay Isle which has to be staffed, and cut
six men; the City should look to other departments, that do not
involve public safety, to make cuts.
September 3, 1991
Don Roberts, Alameda, stated the City has almost $6,000,000 in
reserves; an emergency is here; those who pay taxes, pay primarily
for three purposes: education, police and fire protection; it is
unacceptable for Council to consider reducing public safety by
attempting to reduce firefighters; the City should make use of the
reserve fund.
Christopher Hanson, Alameda, stated he thinks the firefighters do an
outstanding job; the last salary packet was approved, knowing the
City did not have the funds to support it; the problem is not the
fault of the Fire Department nor the fault of Council; the fault is
an economic downturn Council needs to deal with.
Mike D'Orazi, President, Alameda Firefighters Association, stated the
implementation of Phase II calls for laying off six firefighters, and
reduction would damage Fire Department programs and in time reduce
the quality of medical and fire services provided to the community;
the firefighters would consider this a meet-and-confer issue due to
the increased potential for job-related illness and injury and
workload increase and risk to the community because of the reduction
in services; indicated reserves could be used.
Chris Reilly, Secretary, Alameda Firefighters Association, listed
workload statistics, including response to 350 fires, 4,500+ other
calls, 3,000 inspections; and noted firefighters receive 5,000 to
22,500 training hours.
Robert Buell, Fire Department, stated Fire Department screens 300 to
400 applicants but only about 40 are qualified applicants, has little
turnover of dedicated firefighters, and noted high standards of
qualification including rescue and trauma triage; the average time
to obtain position of firefighter is 4+ years of training.
Captain Vincent Maloney, Fire Department, stated the national
standard for fire apparatus is four men per rig; in Alameda, only
three are on each rig; minimal initial response to a structural fire
is two engines and a truck; in Alameda with only nine members on
initial trucks, other engines must be called in to back firefighters;
urged Council not consider cuts which would impact greatly.
Pat Paich stated opposition to Phase II budget adjustments, reduction
of firefighters; urged Council rely on Chief's recommendation that
reduction in staff would do considerable damage to almost all Fire
Department programs and in time, drastically reduce quality of
medical and fire services provided to the community; and urged that
facts be relied upon.
Bud Martinez, Alameda Firefighter, stated he is proud of being a part
of the Alameda Fire Department; new recruits have worked hard and
have faith in the City; and requested Council allow firefighters to
do their jobs.
Councilmember Roth moved meeting be extended to 1:00 a.m.
Councilmember Lucas seconded the motion, which was carried by
unanimous voice vote - 5.
September 3, 1991
Ron Vanderheiden stated he is a homeowner and firefighter; the cuts
are not just positions but men and he will possibly be cut; stated
many of the men donated hundreds of hours of time to this City and he
would like the men to receive financial and morale support.
James Ritchey, Alameda Firefighter, compared cost expended for public
safety in Alameda to other cities' expenditures, and urged Council to
vote against any cutbacks and accept the advice of Chief LaGrone that
great impact on Alameda and its fire services will result, if
cutbacks are made.
Councilmember Lucas stated the City has a budget problem; does not
like to cut safety services; is getting paid at increased rates when
other people are being cut because of economy; increases are
resented; that is why she considers cutbacks; does not want to dip
into reserves because economy is not picking up; if pay cuts are
accepted across the board, she will look elsewhere for funds to avoid
cutbacks in positions.
The City Manager reviewed budget adjustments and considerations; and
stated if Council takes Phase II action, it will reduce 13 positions,
lay off 6 Fire Department persons and $87,000 in [Fire Department]
supplies; and requested that portion [supplies] be deleted;. cuts
cannot be made without impacting on levels of services, so services
must be reduced.
Councilmember Camicia discussed factoring in retirements with the
City Manager.
The Fire Chief noted five people will retire between October and
December.
Councilmember Camicia stated Council should wait and see how many
retirements come in October.
President Withrow stated Council is dealing with ceiling numbers and
if Council gives direction to the City Manager to keep the
recommended cutbacks, it would be up to the City Manager to fill the
holes and adjust his numbers and ceilings with retirees or layoffs.
The City Manager stated Council may want to direct staff to proceed
with reductions in the number of positions but coordinate that with
retirements, and try to make no layoffs.
Councilmember Lucas inquired if Council could give the Union the
option to waive a pay increase.
President Withrow indicated he would agree to that portion of a
motion; and he has already expressed that to all of the leaders of
all the unions throughout the City.
Councilmember Camicia stated he would move the Phase II Budget
Reductions with the caveat that the layoff issue will be revisited if
pay increases are not taken; delete the $87,000 in Fire Services and
Supplies from Phase II cuts; and directed staff investigate
retirements [as discussed]. Councilmember Lucas seconded the motion.
September 3, 1991
In answer to Councilmember Roth, the City Manager replied that the
position that the City has taken in a letter to the various employee
organizations, is to ask them to give up approximately thirty (30)
percent of future pay raises to help mitigate any layoffs within the
associations; that would produce about $300,000 to $325,000.
Councilmember Lucas stated she is looking for that cooperation.
Councilman Arnerich stated pay raises granted to Police and Fire
Departments was not that Council gave generous raises but because
prior Councils had kept the salaries well below the averages in the
Bay Area, and former Council produced a three-year package; if
people retire, there will still be a shortage of employees; and
noted he presented a suggestion that City employees be furloughed a
number of hours; citizens are concerned about safety; reserves are
important for the City for economic uncertainties which are being
experienced, and he would like to see staffing levels maintained,
reserves of $500,000 used, maintain the staffing levels, and keep
working on alternative measures.
Councilmember Roth stated he does not see there would be any less
[fire] trucks and he would expect the same type of current response
[time].
Councilman Arnerich stated response time would be the same but there
would not be the manpower nor the ability to perform the work in a
manner that is within the State safety standards.
The motion was carried by the following voice vote: Ayes:
Councilmembers Camicia, Lucas, Roth and President Withrow - 4. Noes:
Councilman Arnerich - 1. Absent: None.
91-642 Resolution No. 12150 "Calling a Special Municipal Election to
be Held in the City of Alameda on Tuesday, June 2, 1992 for the
Purpose of Submitting to the Electors Thereof a Proposal to Amend the
City of Alameda Charter Pertaining to the Date and Consolidation of
the General Municipal Election, Fixing the Date and Manner of the
Special Election, Providing Notice Thereof, Consolidating the Special
Election and Proposing the Charter Amendments."
Councilmember Camicia moved adoption. Councilmember Lucas seconded
the motion which was carried by unanimous voice vote - 5.
91-643 Resolution No. 12151 "Requesting Consolidation of the City of
Alameda's Special Municipal Election to be Held on Tuesday, June •2,
1992 with the California State Primary Election to be Held on
Tuesday, June 2, 1992."
Councilmember Camicia moved adoption. Councilman Arnerich seconded
the motion which was carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
91-644 Gerhard Degemann, Alameda, complained about dumping of trash
at the St. Vincent De Paul Society, 2315 Lincoln Avenue, and
September 3, 1991
requested assistance from the City.
The City Manager stated he had not been made aware of the matter;
but would take care of the situation.
91 -645 Mr. Simon Levine, Alameda, requested that Doric Development
not be allowed to build three 100 -foot buildings in the Harbor Bay
Business Park next to the Airport.
NEW BUSINESS AND UNFINISHED BUSINESS
91 -646 Report from Councilmember Lucas concerning Winter Holiday
Celebrations. Councilmember Lucas suggested the City get
contributions from new Alamedans to add to the Holiday Season
celebrations, and moved the matter be referred to the Social Service
Human Relations Board and Ministerial Association.
91 -647 Councilmember Camicia requested the billboard matter be
agendized for the September 17, 1991 Council Meeting.
91 -648 Councilmember Lucas requested staff to address various
recycling problems; e.g., broken glass and papers left on streets
and sidewalks, lack of cooperation from garbage company regarding
pick -ups for seniors, and the theft of articles prior to pick -up.
91 -649 Councilman Arnerich stated that he met with Jim Duncan,
President, East Bay Regional Park District, and Jerry Kent, Assistant
General Manager, regarding a dog run at Washington Park; that there
are obstacles; and he [Arnerich] will be looking at other sites and
reporting back to Council.
91 -650 Councilman Arnerich stated City needs to address unsightly
West End locations: former Wrench House site between Eagle and Buena
Vista, and vacated gas station property in the vicinity: and
requested an update on the Jiffy site.
91 -651 Mayor Withrow requested Councilman Arnerich to acquire copies
of a Draft Plan on disposing of hazardous materials throughout
Alameda County for Councilmembers.
91 -652 Mayor Withrow stated the Congestion Management Agency has a
draft Congestion Management Plan out; copies will be sent to
Council; and he would appreciate receiving comments from
Councilmembers.
91 -653 In response to Councilman Arnerich, Mayor Withrow stated the
first annual pot luck softball game at Tillman Park is similar to a
christening, and the dedication will take place earlier [September
25, 1991].
92 -654 Mayor Withrow commented a flyer was put out throughout the
town and on the ferries to promote taking the Alameda - Oakland Ferry,
especially in the event of a BART strike, and Blue and Gold was
promoting the use of ferries in a timely fashion.
September 3, 1991
277
ADJOURNMENT
91-655 Mayor Withrow adjourned the meeting at 1:08 a.m. in memory of
Gus Levy, former Vice Mayor and Councilmember of the City of Alameda.
Respectfully submitted,
4?
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
September 3, 1991